I. I think that no one of you, O judges, is ignorant
that for
these many days the discourse of the populace, and the opinion of the
Roman people, has been that Caius Verres
would not appear a second time before the bench to reply to my charges,
and would not again present himself in court; And this idea had not got
about merely because he had deliberately determined and resolved not to
appear, but because no one believed that any one would be so audacious,
so frantic, and so impudent, as, after having been convicted of such
nefarious crimes, and by so many witnesses, to venture to present
himself to the eyes of the judges, or to show his face to the Roman
people.
[2] But he is the same
Verres
that he always was; as he was abandoned enough to dare, so he is
hardened enough to listen to anything. He is present; he replies to us;
he makes his defence. He does not even leave himself this much of
character, to be supposed, by being silent and keeping out of the way
when he is so visibly convicted of the most infamous conduct, to have
sought for a modest escape for his impudence. I can endure this, O
judges, and I am not vexed that I am to receive the reward of my
labours, and you the reward of your virtue. For if he had done what he
at first determined to, that is, had not appeared, it would have been
somewhat less known than is desirable for me what pains I had taken in
preparing and arranging this prosecution: and your praise, O judges,
would have been exceedingly slight and little heard of.
[3] For this is not what the Roman
people is expecting from you, nor what it can be contented
with,--namely, for a man to be condemned who refuses to appear, and for
you to act with resolution in the case of a man whom nobody has dared
to defend. Aye, let him appear, let him reply; let him be defended with
the utmost influence and the utmost zeal of the most powerful men, let
my diligence have to contend with the covetousness of all of them, your
integrity with his riches, the consistency of the witnesses with the
threats and power of his patrons. Then indeed those things will be seen
to be overcome when they have come to the contest and to the struggle.
But if he had been condemned in his absence, he would have appeared not
so much to have consulted his own advantage as to have grudged you your
credit.
II.[4] For neither can there be any greater safety for the
republic imagined at this time, than for the Roman
people to understand that, if all unworthy judges are carefully
rejected by the accusers, the allies, the laws, and the republic can be
thoroughly defended by a bench of judges chosen from the senators; nor
can any such injury to the fortunes of all happen, as for all regard
for truth, for integrity, for good faith, and for religion to be, in
the opinion of the Roman people, cast aside by the senatorial body.
[5]
And therefore, I seem to myself, O judges, to have undertaken to uphold
an important, and very failing, and almost neglected part of the
republic, and by so doing to be acting not more for the benefit of my
own reputation than of yours. For I have come forward to diminish the
unpopularity of the courts of justice, and to remove the reproaches
which are levelled at them; in order that, when this cause has been
decided according to the wish of the Roman
people, the authority of the courts of justice may appear to have been
re-established in some degree by my diligence; and in order that this
matter may be so decided that an end may be put at length to the
controversy about the tribunals;
[6]
and,
indeed, beyond all question, O judges, that matter depends on your
decision in this cause. For the criminal is most guilty. And if he be
condemned, men will cease to say that money is all powerful with the
present tribunal; but if he be acquitted we shall cease to be able to
make any objection to transferring the tribunal to another body.
Although that fellow has not in reality any hope, nor the Roman
people any fear of his acquittal, there are some men who do marvel at
his singular impudence in being present, in replying to the accusations
brought against him; but to me even this does not appear marvellous in
comparison with his other actions of audacity and madness. For he has
done many impious and nefarious actions both against gods and men; by
the punishment for which crimes he is now disquieted and driven out of
his mind and out of his senses.
III.[7] The punishments of Roman
citizens are driving him mad, some of whom he has delivered to the
executioner, others he has put to death in prison, others he has
crucified while demanding their rights as freemen and as Roman
citizens. The gods of his fathers are hurrying him away to punishment,
because he alone has been found to lead to execution sons torn from the
embraces of their fathers, and to demand of parents payment for leave
to bury their sons. The reverence due to, and the holy ceremonies
practiced in, every shrine and every temple--but all violated by him;
and the images of the gods, which have not only been taken away from
their temples, but which are even lying in darkness, having been cast
aside and thrown away by him--do not allow his mind to rest free from
frenzy and madness.
[8] Nor does he
appear to me merely to offer himself to condemnation, nor to be content
with the common punishment of avarice, when he has involved himself in
so many atrocities; his savage and monstrous nature wishes for some
extraordinary punishment. It is not alone demanded that, by his
condemnation, their property may be restored to those from whom it has
been taken away; but the insults offered to the religion of the
immortal gods must be expiated, and the tortures of Roman citizens, and
the blood of many innocent men, must be atoned for by that man's
punishment.
[9]
For we have brought before your tribunal not only a thief, but a
wholesale robber; not only an adulterer, but a ravisher of chastity;
not only a sacrilegious man, but an open enemy to all sacred things and
all religion; not only an assassin, but a most barbarous murderer of
both citizens and allies; so that I think him the only criminal in the
memory of man so atrocious, that it is even for his own good to be
condemned.
IV. For who is there who does not see this, that though he
be
acquitted, against the will of gods and men, yet that he cannot
possibly be taken out of the hands of the Roman people? Who does not
see that it would be an excellent thing for us in that case, if the
Roman
people were content with the punishment of that one criminal alone, and
did not decide that he had not committed any greater wickedness against
them when he plundered temples, when he murdered so many innocent men,
when he destroyed Roman
citizens by execution, by torture, by the cross,--when he released
leaders of banditti for bribes,--than they, who, when on their oaths,
acquitted a man covered with so many, with such enormous, with such
unspeakable wickednesses?
[10]
There is, there is, O judges, no room for any one to err in respect of
this man. He is not such a criminal, this is not such a time, this is
not such a tribunal, (I fear to seem to say anything too arrogant
before such men,) even the advocate is not such a man, that a criminal
so guilty, so abandoned, so plainly convicted, can be either stealthily
or openly snatched out of his hands with impunity. When such men as
these are judges, shall I not be able to prove that Caius Verres has
taken bribes contrary to the laws? Will such men venture to assert that
they have not believed so many senators, so many Roman
knights, so many cities, so many men of the highest honour from so
illustrious a province, so many letters of whole nations and of private
individuals? that they have resisted so general a wish of the Roman
people?
[11]
Let them venture. We will find, if we are able to bring that fellow
alive before another tribunal, men to whom we can prove that he in his
quaestorship embezzled the public money which was given to Cnaeus Carbo
the consul; men whom we can persuade that he got money under false
pretences from the quaestors of the city, as you have learnt in my
former pleadings. There will be some men, too, who will blame his
boldness in having released some of the contractors from supplying the
corn due to the public, when they could make it for his own interest.
There will even, perhaps, be some men who will think that robbery of
his most especially to be punished, when he did not hesitate to carry
off out of the most holy temples and out of the cities of our allies
and friends, the monuments of Marcus Marcellus and of Publius
Africanus, which in name indeed belonged to them, but in reality both
belonged and were always considered to belong to the Roman people.
V.[12] Suppose he has escaped from the court about
peculation.
Let him think of the generals of the enemy, for whose release he has
accepted bribes; let him consider what answer he can make about those
men whom he has left in his own house to substitute in their places;
people, he confessed that he had not caused the leaders of the pirates
to be executed; and that he was afraid even then that it would be
imputed to him that he had released them for money. Let him confess
that, which cannot be denied, that he, as a private individual, kept
the leaders of the pirates alive and unhurt in his own house, after he
had returned to let him consider not only how he can get over our
accusation, but also
how he can remedy his own confession. Let him recollect that, in the
former pleadings, being excited by the adverse and hostile shouts of
the RomanRome,
as long as he could do so for me. If in the case of such a prosecution
for treason it was lawful for him to do so, I will admit that it was
proper. Suppose he escapes from this accusation also; I will proceed to
that point to which the Roman people has long been inviting me.
[13]
For it thinks that the decision concerning the rights to freedom and to
citizenship belong to itself; and it thinks rightly. Let that fellow,
forsooth, break down with his evidence the intentions of the
senators--let him force his way through the questions of all men--let
him make his escape from your severity; believe me, he will be held by
much tighter chains in the hands of the Roman people. The Roman people
will give credit to those Roman knights who, when they were produced as
witnesses before you originally, said that a Roman citizen, one who was
offering honourable men as his bail, was crucified by him in their
sight.
[14] The whole of the
thirty-five tribes will believe a most honourable and accomplished man,
MarcusAnnius, who said, that when he was present, a Roman citizen
perished by the hand of the executioner. That most admirable man Lucius
Flavius, a Roman knight, will be listened to by the Roman people, who
gave in evidence that his intimate friend Herennius, a merchant from
Africa, though more than a hundred Roman citizens at Syracuse knew him,
and defended him in tears, was put to death by the executioner. Lucius
Suetius,
a man endowed with every accomplishment, speaks to them with an honesty
and authority and conscientious veracity which they must trust; and he
said on his oath before you that many Roman
citizens had been most cruelly put to death, with every circumstance of
violence, in his stone-quarries. When I am conducting this cause for
the sake of the Roman people from this rostrum, I have no fear that
either any violence can be able to save him from the votes of the Roman
people, or that any labour undertaken by me in my aedileship can be
considered more honourable or more acceptable by the Roman people.
VI.[15] Let, therefore, every one at this trial attempt
everything. There is no mistake now which any one can make in this
cause, O judges, which will not be made at your risk. My own line of
conduct, as it is already known to you in what is past, is also
provided for, and resolved on, in what is to come. I displayed my zeal
for the republic at that time, when, after a long interval, I
reintroduced the old custom, and at the request of the allies and
friends of the Roman
people, who were, however, my own most intimate connections, prosecuted
a most audacious man. And this action of mine most virtuous and
accomplished men (in which number many of you were) approved of to such
a degree, that they refused the man who had been his quaestor, and who,
having been offended by him, wished to prosecute his own quarrel
against him, leave not only to prosecute the man himself, but even back
the accusation against him, when he himself begged to do so. [16] I went into Sicily
for the sake of inquiring into the business, in which occupation the
celerity of my return showed my industry; the multitude of documents
and witnesses which I brought with me declared my diligence; and I
further showed my moderation and scrupulousness, in that when I had
arrived as a senator among the allies of the Roman
people, having been quaestor in that province, I, though the defender
of the common cause of them all, lodged rather with my own hereditary
friends and connections, than those who had sought that assistance from
me. My arrival was no trouble nor expense to any one, either publicly
or privately. I used in the inquiry just as much power as the law gave
me, not as much as I might have had through the zeal of those men whom
that fellow had oppressed. [17]
When I returned to Rome from Sicily,
when he and his friends, luxurious and polite men, had disseminated
reports of this sort, in order to blunt the inclinations of the
witnesses,--such as that I had been seduced by a great bribe from
proceeding with a genuine prosecution; although it did not seem
probable to any one, because the witnesses from Sicily were men who had
known me as a quaestor in the province; and as the witnesses from Rome
were men of the highest character, who knew every one of us thoroughly,
just as they themselves are known; still I had some apprehension lest
any one should have a doubt of my good faith and integrity, till we
came to striking out the objectionable judges.
VII. I knew that in selecting the judges, some men,
even within
my own recollection, had not avoided the suspicion of a good
understanding with the opposite party, though their industry and
diligence was being proved actually in the prosecution of them. [18]
I objected to objectionable judges in such a way that this is
plain,--that since the republic has had that constitution which we now
enjoy, no tribunal has ever existed of similar renown and dignity. And
this credit that fellow says that he shares in common with me; since
when he rejected Publius Galba as judge, he retained Marcus Lucretius;
and when, upon this, his patron asked him why he had allowed his most
intimate friends Sextus Paeduceus, Quintus Considius, and Quintus
Junius,
to be objected to, he answered, because he knew them to be too much
attached to their own ideas and opinions in coming to a decision. [19]
And so when the business of objecting to the judges was over, I hoped
that you and I had now one common task before us. I thought that my
good faith and diligence was approved of, not only by those to whom I
was known, but even by strangers. And I was not mistaken: for in the
comitia for my election, when that man was employing boundless bribery
against me, the Roman
people decided that his money, which had no influence with me when put
in opposition to my own good faith, ought to have no influence with
them to rob me of my honour. On the day when you first, O judges, were
summoned to this place, and sat in judgment on this criminal, who was
so hostile to your order, who was so desirous of a new constitution, of
a new tribunal and new judges, as not to be moved at the sight of you
and of your assembled body? [20]
When on
the trial your dignity procured me the fruit of my diligence, I gained
thus much,--that in the same hour that I began to speak, I cut off from
that audacious, wealthy, extravagant, and abandoned criminal, all hope
of corrupting the judges; that on the very first day, when such a
number of witnesses had been brought forward, the Roman
people determined that If he were acquitted, the republic would no
longer exist; that the second day took away from his friends, not only
all hope of victory, but even all inclination to make any defence; that
the third day prostrated the man so entirely, that, pretending to be
sick, he took counsel, not what reply he could make, but how he could
avoid making any; and after that, on the subsequent days, he was so
oppressed and overwhelmed by these accusations, by these witnesses,
both from the city and from the provinces, that when these days of the
games intervened, no one thought that he had procured an adjournment,
but they thought that he was condemned.
VIII.[21] So that, as far as I am concerned, O judges,
I gained the day; for I did not desire the spoils of Caius Verres, but
the good opinion of the Roman
people. It was my business to act as accuser only if I had a good
cause. What cause was ever juster than the being appointed and selected
by as illustrious a province as its defender? To consult the welfare of
the republic;--what could be more honourable for the republic, than
while the tribunals were in such general discredit, to bring before
them a man by whose condemnation the whole order of the senate might be
restored to credit and favour with the Roman people?--to prove and
convince men that it was a guilty man who was brought to trial? Who is
there of the Roman
people who did not carry away this conviction from the previous
pleading, that if all the wickednesses, thefts, and enormities of all
who have ever been condemned before were brought together into one
place, they could scarcely be likened or compared to but a small part
of this man's crimes? [22] Judges,
consider and deliberate what becomes your fame, your reputation, and
the common safety? Your eminence prevents your being able to make any
mistake without the greatest injury and danger to the republic. For the
Roman
people cannot hope that there are any other men in the senate who can
judge uprightly, if you cannot. It is inevitable that, when it has
learnt to despair of the whole order, it should look for another class
of men and another system of judicial proceedings. If this seems to you
at all a trifling matter, because you think the being judges a grave
and inconvenient burden, you ought to be aware, in the first place,
that it makes a difference whether you throw off that burden
yourselves, of your own accord, or whether the power of sitting as
judges is taken away from you because you have been unable to convince
the Roman
people of your good faith and scrupulous honesty. In the second place,
consider this also, with what great danger we shall come before those
judges whom the Roman people, by reason of its hatred to you, has
willed shall judge concerning you. [23]
But I will tell you, O judges, what I am sure of. Know, then, that
there are some men who are possessed with such a hatred or your order,
that they now make a practice of openly saying that they are willing
for that man, whom they know to be a most infamous one, to be acquitted
for this one reason,--that then the honour or the judgment-seat may be
taken from the senate with ignominy and disgrace. It is not my fear for
your good faith, O judges, which has urged me to lay these
considerations before you at some length, but the new hopes which those
men are entertaining; for when those hopes had brought Verres
suddenly back from the gates of the city to this court, some men
suspected that his intention had not been changed so suddenly without a
cause.
IX.[24] Now, in order that Hortensius
may not be able to employ any new sort of complaint, and to say that a
defendant is oppressed if the accuser says nothing about him; that
nothing is so dangerous to the fortunes of an innocent man as for his
adversaries to keep silence; and in order that he may not praise my
abilities in a way which I do not like, when he says that, if I had
said much, I should have relieved him against whom I was speaking, and
that I have undone him because I said nothing,--I will comply with his
wishes, I shall employ one long unbroken speech: not because it is
necessary, but that I may try whether he will be most vexed at my
having been silent then or at my speaking now. [25]
Here you, perhaps, will take care that I do not remit one hour of the
time allowed me by law. If I do not employ the whole time which is
allowed me by law, you will complain; you will invoke the faith of gods
and men, calling them to witness how Caius Verres
is circumvented because the prosecutor will not speak as long as he is
allowed to speak by the law. What the law gives me for my own sake, may
I not be allowed to forbear using? For the time for stating the
accusation is given me for my own sake, that I may be able to unfold my
charges and the whole cause in my speech. If I do not use it all, I do
you no injury, but I give up something of my own right and advantage.
You injure me, says he, for the cause ought to be thoroughly
investigated. Certainly, for otherwise a defendant cannot be condemned,
however guilty he may be. Were you, then, indignant that anything
should be done by me to make it less easy for him to be condemned? For
if the cause be understood, many men may be acquitted; if it be not
understood, no one can be condemned. [26]
I injure him, it seems, for I take away the right of adjournment. The
most vexatious thing that the law has in it, the allowing a cause to be
twice pleaded, has either been instituted for my sake rather than for
yours, or, at all events, not more for your sake than for mine. For if
to speak twice be an advantage, certainly it is an advantage which is
common to both If there is a necessity that he who has spoken last
should be refuted, then it is for the sake of the prosecutor that the
he has been established that there should be a second discussion. But,
as I imagine, Glaucia
first proposed the law that the defendant might have an adjournment;
before that time the decision might either be given at once, or the
judges might take time to consider. Which law, then, do you think the
mildest? I think that ancient one, by which a man might either be
acquitted quickly, or condemned after deliberation. I restore you that
law of Acilius, according to which many men who have only been accused
once, whose cause has only been pleaded once, in whose case witnesses
have only been heard once, have been condemned on charges by no means
so clearly proved, nor so flagitious as those on which you are
convicted. Think that you are pleading your cause, not according to
that severe law, but according to that most merciful one. I will accuse
you; you shall reply. Having produced my witnesses, I will lay the
whole matter before the bench in such a way, that even if the law gave
them a power of adjournment, yet they shall think it discreditable to
themselves not to decide at the first hearing.
X.[27] But if it be necessary for the cause to be
thoroughly
investigated, has this one been investigated but superficially? Are we
keeping back anything, O Hortensius,
a trick which we have often seen practiced in pleading? Who ever
attends much to the advocate in this sort of action, in which anything
is said to have been carried off and stolen by any one? Is not all the
expectation of the judges fixed on the documents or on the witnesses? I
said in the first pleading that I would make it plain that Caius Verres
had carried off four hundred thousand sesterces
contrary to the law. What ought I to have said? Should I have pleaded
more plainly if I had related the whole affair thus?--There was a
certain man of Halesa, named Dio, who, when a great inheritance had
come to his son from a relation while Sacerdos was praetor, had at the
time no trouble nor dispute about it. Verres, as soon as he arrived in
the province, immediately wrote letters from Messana;
he summoned Dio before him, he procured false witnesses from among his
own friends to say that that inheritance had been forfeited to Venus
Erycina. He announced that he himself would take cognisance of that
matter. [28]
I can detail to you the whole affair in regular order, and at last tell
you what the result was, namely, that Dio paid a million of sesterces,
in order to prevail in a cause of most undeniable justice, besides that
Verres
had his herds of mares driven away, and all his plate and embroidered
vestments carried off. But neither while I was so relating these
things, nor while you were denying them, would our speeches be of any
great importance. At what time then would the judge prick up his ears
and begin to strain his attention? When Dio himself came forward, and
the others who had at that time been engaged in Sicily
on Dio's business, when, at the very time when Dio was pleading his
cause, he was proved to have borrowed money, to have galled in all that
was owing to him, to have sold farms; when the accounts of respectable
men were produced, when they who had supplied Dio with money said that
they had heard at the time that the money was taken on purpose to be
given to Verres; when the friends, and connections, and patrons of Dio,
most honourable men, said that they had heard the same thing. [29]
Then, when this was going on, you would, I suppose, attend as you did
attend. Then the cause would seem to be going on. Everything was
managed by me in the former pleading so that among all the charges
there was not one in which any one of you desired an uninterrupted
statement of the case. I deny that anything was said by the witnesses
which was either obscure to any one of you, or which required the
eloquence of any orator to set it off.
XI. In truth, you must recollect that I conducted the
case in
this way; I set forth and detailed the whole charge at the time of the
examination of witnesses, so that as soon as I had explained the whole
affair, I then immediately examined the witnesses. And by that means,
not only you, who have to judge, are in possession of our charges, but
also the Roman
people became acquainted with the whole accusation and the whole cause:
although I am speaking of my own conduct as if I had done so of my own
will rather than because I was induced to do so by any injustice of
yours. [30] But
you interposed another accuser, who, when I had only demanded a hundred
and ten days to prosecute my inquiries in Sicily, demanded a hundred
and eight for himself to go for a similar purpose into Achaia.
When you had deprived me of the three months most suitable for
conducting my cause, you thought that I would give you up the remainder
of the year, so that, when he had employed the time allowed to me, you,
O Hortensius,
after the interruption of two festivals, might make your reply forty
days afterwards; and then, that the time might be so spun out, that we
might come from Marius Glabrio, the praetor, and from the greater part
of these judges, to another praetor, and other judges.
[31]
If I had not seen this--if every one, both acquaintances and strangers,
had not warned me that the object which they were driving at, which
they were contriving, for which they were striving, was to cause the
matter to be delayed to that time--I suppose, if I had chosen to spend
all the time allowed me in stating the accusation, I should be under
apprehensions that I should not have charges enough to bring, that
subjects for a speech would be wanting to me, that my voice and
strength would fail me, that I should not be able to accuse twice a man
whom no one had dared to defend at the first pleading of the cause. I
made my conduct appear reasonable both to the judges and also to the
Roman
people. There is no one who thinks that their injustice and impudence
could have been opposed by any other means. Indeed, how great would
have been my folly, if, though I might have avoided it, I had allowed
matters to come on on the day which they who had undertaken to deliver
him from justice provided for in their undertaking, when they gave
their undertaking to deliver him in these words--“If the trial took
place on or after the first of January?” [32]
Now I must provide for the careful management of the time which is
allowed me for making a speech, since I am determined to state the
whole case most fully.
XII. Therefore I will pass by that first act of his
life, most
infamous and most wicked as it was. He shall hear nothing from me of
the vices and offences of his childhood, nothing about his most
dissolute youth: how that youth was spent, you either remember, or else
you can recognise it in the son whom he has brought up to be so like
himself: I will pass over everything which appears shameful to be
mentioned; and I will consider not only what that fellow ought to have
said of himself, but also what it becomes me to say. Do you, I entreat
you, permit this, and grant to my modesty, that it may be allowed to
pass over in silence some portion of his shamelessness. [33]
At that time which passed before he came into office and became a
public character, he may have free and untouched as far as I am
concerned. Nothing shall be said of his drunken nocturnal revels; no
mention shall be made of his pimps, and dicers, and panders; his losses
at play, and the licentious transactions which the estate of his father
and his own age prompted him to shall be passed over in silence. He may
have lived in all infamy at that time with impunity, as far as I am
concerned; the rest of his life has been such that I can well afford to
put up with the loss of not mentioning those enormities.
[34] You were quaestors to Cnaeus Papirius
the consul fourteen years ago. All that you have done from that day to
this day I bring before the court. Not one hour will be found free from
theft, from wickedness, from cruelty, from atrocity. These years have
been passed by you in the quaestorship, and in the lieutenancy in Asia,
and in the city praetorship, and in the Sicilian praetorship. On which
account a division of my whole action will also be made into four parts.
XIII. As quaestor you received our province by lot,
according to
the decree of the senate. A consular province fell to your lot, so that
you were with Cnaeus Carbo,
the consul, and had that province. There was at that time dissension
among the citizens: and in that I am not going to say anything as to
what part you ought to have taken. This only do I say, that at such a
time as that you ought to have made up your mind which side you would
take and which party you would espouse. Carbo was very indignant that
there had fallen to his lot as his quaestor a man of such notorious
luxury and indolence. But he loaded him with all sorts of kindnesses.
Not to dwell too long on this; money was voted, was paid; he went as
quaestor to the province; he came into Gaul,
where he had been for some time expected, to the army of the consul
with the money. At the very first opportunity that offered, (take
notice of the principle on which the man discharged the duties of his
offices, and administered the affairs of the republic,) the quaestor,
having embezzled the public money, deserted the consul, the army, and
his allotted province. [35]
I see what I have done; he rouses himself up; he hopes that, in the
instance of this charge, some breeze may be wafted this way of good
will and approbation for those men to him the name of Cnaeus Carbo,
though dead, is unwelcome, and to whom he hopes that that desertion and
betrayal of his consul will prove acceptable. As if he had done it from
any desire to take the part of the nobility, or from any party zeal,
and had not rather openly pillaged the consul, the army and the
province, and then, because of this most impudent theft, had run away.
For such an action as that is obscure, and such that one may suspect
that Caius Verres,
because he could not bear new men, passed over to the nobility, that
is, to his own party, and that he did nothing from consideration of
money. [36] Let us see how he gave
in his accounts; now he himself will show why he left Cnaeus Carbo; now
he himself will show what he is.
XIV. First of all take notice of their brevity--“I
received,”
says he, “two million two hundred and thirty-five thousand four hundred
and seventeen sesterces; I spent, for pay to the
soldiers, for corn, for the lieutenants, for the pro-quaestor, for the
praetorian cohort, sixteen hundred and thirty-five thousand four
hundred and seventeen sesterces; I left at Ariminum six
hundred thousand sesterces.” Is this giving in accounts?
Did either I, or you, O Hortensius,
or any man ever give in his accounts in this manner? What does this
mean? what impudence it is! what audacity! What precedent is there of
any such in all the number of accounts that have ever been rendered by
public officers? And yet these six hundred thousand sesterces,
as to which he could not even devise a false account of whom he had
paid them to, and which he said he had left at Ariminum,--these six
hundred thousand sesterces which he had in hand, Carbo
never touched, Sulla never saved them, nor were these ever brought into
the treasury. He selected Ariminum as the town, because at the time
when he was giving in his accounts, it had been taken and plundered.
He did not suspect, what he shall now find out, that plenty of the
Ariminians were left to us after that disaster as witnesses to that
point. Read now-- [37] “Accounts
rendered to Publius Lentulus, and Lucius Triarius,
quaestors of the city.” Read on--“According to the decree of the
senate.” In order to be allowed to give in accounts in such a manner as
this, he became one of Sulla's party in an instant, and not for the
sake of contributing to the restoration of honour and dignity to the
nobility. Even if you had deserted empty-handed, still your desertion
would be decided to be wicked, your betrayal of your consul, infamous.
Oh, Cnaeus Carbo
was a bad citizen, a scandalous consul, a seditious man. He may have
been so to others: when did he begin to be so to you? After he
entrusted to you the money, the supplying of corn, all his accounts,
and his army; for if he had displeased you before that, you would have
done the same as Marcus Piso did the year after. When he had fallen by
lot to Lucius Scipio,
as consul, he never touched the money, he never joined the army at all.
The opinions he embraced concerning the republic he embraced so as to
do no violence to his own good faith, to the customs of our ancestors,
nor to the obligations imposed on him by the lot which he had drawn.
XV.[38] In truth, if we wish to disturb all these
things, and to
throw them into confusion, we shall render life full of danger,
intrigue, and enmity; if such allurements are to have no scruples to
protect them; if the connection between men in prosperous and doubtful
fortunes is to cause no friendship; if the customs and principles of
our ancestors are to have no authority. He is the common enemy of all
men who has once been the enemy of his own connections. No wise man
ever thought that a traitor was to be trusted; Sulla
himself, to whom the arrival of the fellow ought to have been most
acceptable, removed him from himself and from his army: he ordered him
to remain at Beneventum,
among those men whom he believed to be exceedingly friendly to his
party, where he could do no harm to his cause and could have no
influence on the termination of the war. Afterwards, indeed, he
rewarded him liberally; he allowed him to seize some estates of men who
had been proscribed lying in the territory of Beneventum; he loaded him
with honour as a traitor; he put no confidence in him as a friend. [39] Now, although there are men who
hate Cnaeus Carbo,
though dead, yet they ought to think, not what they were glad to have
happen, but what they themselves would have to fear in a similar case.
This is a misfortune common to many a cause for alarm, and a danger
common to many. There are no intrigues more difficult to guard against
than those which are concealed under a pretence of duty, or under the
name of some intimate connection. For you can easily avoid one who is
openly an adversary, by guarding against him; but this secret,
internal, and domestic evil not only exists, but even overwhelms you
before you can foresee it or examine into it. Is it not so? [40]
When you were sent as quaestor to the army, not only as guardian of the
money, but also of the consul; when you were the sharer in all his
business and of all his counsels, when you were considered by him as
one of his own children, according to the tenor of the principles of
our ancestors; could you on a sudden leave him? desert him? pass over
to the enemy? O wickedness! O monster to be banished to the very end of
the world! For that nature which has committed such an atrocity as this
cannot be contented with this one crime alone. It must be always
contriving something of this sort; it must be occupied in similar
audacity and perfidy. [41]
Therefore, that same fellow whom Cnaeus Dolabella afterwards, when
Caius
Malleolus had been slain, had for his quaestor, (I know not whether
this connection was not even a closer one than the connection with
Carbo,
and whether the consideration of his having been voluntarily chosen is
not stronger than that of his having been chosen by lot,) behaved to
Cnaeus Dolabella in the same manner as he had behaved in to Cnaeus
Carbo.
For, the charges which properly touched himself, he transferred to his
shoulders; and gave information of everything connected with his cause
to his enemies and accusers. He himself gave most hostile and most
infamous evidence against the man to whom he had been lieutenant and
pro-quaestor. Dolabella,
unfortunate as he was, through his abominable betrayal, through his
infamous and false testimony, was injured far more than by either, by
the odium created by that fellow's own thefts and atrocities.
XVI.[42] What can you do with such a man? or what hope
can you
allow so perfidious, so ill-omened an animal to entertain? One who
despised and trampled on the lot which bound him to Cnaeus Carbo, the
choice which connected him with Cnaeus Dolabella,
and not only deserted them both, but also betrayed and attacked them.
Do not, I beg of you, O judges, judge of his crimes by the brevity of
my speech rather than by the magnitude of the actions themselves. For I
am forced to make haste in order to have time to set before you all the
things which I have resolved to relate to you. Wherefore, now that his
quaestorship has been put before you, saw that the dishonesty and
wickedness of his first conduct in his first office has been thoroughly
seen, listen, I pray you, to the remainder. [43]
And in this I will pass over that period of proscription and rapine
which took place under Sulla;
nor will I allow him to derive any argument for his own defence from
that time of common calamity to all men. I will accuse him of nothing
but his own peculiar and well-proved crimes. Therefore, omitting all
mention of the time of Sulla from the accusation, consider that
splendid lieutenancy of his. After Cilicia was appointed to Cnaeus
Dolabella
as his province, O ye immortal gods! with what covetousness, with what
incessant applications, did he force from him that lieutenancy for
himself, which was indeed the beginning of the greatest calamity to
Dolabella.
For as he proceeded on his journey to the province, wherever he went
his conduct was such, that it was not some lieutenant of the Roman
people, but rather some calamity that seemed to be going through the
country.
XVII.[44] In Achaia,
(I will omit all minor things, to some of which perhaps some one else
may some time or other have done something like; I will mention nothing
except what is unprecedented, nothing except what would appear
incredible, if it were alleged against any other criminal,) he demanded
money from a Sicyonian magistrate. Do not let this be considered a
crime in Verres;
others have done the tame. When he could not give it, he punished him;
a scandalous, but still not an unheard-of act. Listen to the sort of
punishment; you will ask, of what race of men you are to think him a
specimen. He ordered a fire to be made of green and damp wood in a
narrow place. There he left a free man, a noble in his own country, an
ally and friend of the Roman people, tortured with smoke, half dead. [45] After that, what statues, what
paintings he carried off from Achaia,
I will not mention at present. There is another part of my speech which
I have reserved for speaking of this covetousness of the man. You have
heard that at Athens a great sum of money was taken out of the temple
of Minerva. This was mentioned in the trial of Cnaeus Dolabella.
Mentioned? the amount too was stated. Of this design you will find that
Caius Verres was not only a partaker, but was even the chief
instigator. [46] He came to Delos.
There from that most holy temple of Apollo
he privately took away by night the most beautiful and ancient statues,
and took care that they were all placed on board his own transport. The
next day, when the inhabitants of Delos
saw their temple plundered, they were very indignant. For the holiness
and antiquity of that temple is so great in their eyes, that they
believe that Apollo himself was born in that place. However, they did
not dare to say one word about it, lest haply Dolabella himself might
be concerned in the business.
XVIII. Then on a sudden a very great tempest arose, O
judges; so that Dolabella
could not only not depart, when he wished, but could scarcely stand in
the city, such vast waves were dashed on shore. Here that ship of that
pirate loaded with the consecrated statues, being cast up and driven
ashore by the waves, is broken to pieces. Those statues of Apollo were
found on the shore; by command of Dolabella they are restored; the
tempest is lulled; Dolabella departs from Delos. [47]
I do not doubt, though there was no feeling of humanity ever in you, no
regard for holiness, still that now in your fear and danger thoughts of
your wicked actions occurred to you. Can there be any comfortable hope
of safety cherished by you, when you recollect how impious, how wicked,
how blasphemous has been your conduct towards the immortal gods? Did
you dare to plunder the Delian Apollo?
Did you dare to lay impious and sacrilegious hands on that temple, so
ancient, so venerated, so holy? If you were not in your childhood
taught and framed to learn and know what has been committed to writing,
still would you not afterwards, when you came into the very places
themselves, learn and believe what is handed down both by tradition and
by documents: [48] That Latona,
after a long wandering and persecution, pregnant, and now near bringing
forth, when her time was come, fled to Delos, and there brought forth
Apollo and Diana;
from which belief of men that island is considered sacred to those
gods; and such is and always has been the influence of that religious
belief, that not even the Persians, when they waged war on all Greece,
on gods and men, and when they had put in with a fleet of a thousand
ships at Delos,
attempted to violate, or even to touch anything. Did you, O most
wicked, O most insane of men, attempt to plunder this temple? Was any
covetousness of such power as to extinguish such solemn religious
belief? And if you did not think of this at that time, do you not
recollect even now that there is no evil so great as not to have been
long since due to you for your wicked actions?
XIX.[49] But after he arrived in Asia,--why
should I enumerate the dinners, the suppers, the horses, and the
presents which marked that progress? I am not going to say anything
against Verres for everyday crimes. I say that he carried off by force
some most beautiful statues from Chios; also from Erythrae; also from
Halicarnassus. From Tenedos (I pass over the money which he seized) he
carried off Tenes
himself, who among the Tenedians is considered a most holy god, who is
said to have founded that city, after whose name it is called Tenedos.
This very Tenes, I say, most admirably wrought, which you have seen
before now in the assembly, he carried off amid the great lamentations
of the city. [50] But that storming
of that most ancient and most noble temple of the Samian Juno, how
grievous was it to the Samians! how bitter to all Asia! how notorious
to all men! how notorious to every one of you! And when ambassadors had
come from Samos into Asia to Caius Nero,
to complain of this attack on that temple, they received for answer,
that complaints of that sort, which concerned a lieutenant of the Roman
people, ought not to be brought before the praetor, but must be carried
to Rome.
What pictures did he carry off from thence; what statues! which I saw
lately in his house, when I went thither for the sake of sealing it up.
[51] And where are those
statues now, O Verres?
I mean those which I lately saw in your house against every pillar, and
also in every space between two pillars, and actually arranged in the
grove in the open air? Why were those things left at your house, as
long as you thought that another praetor, with the other judges whom
you expected to have substituted in the room of these, was to sit in
judgment upon your? But when you saw that we preferred suiting the
convenience of our own witnesses rather than your convenience as to
time, you left not one statue in your house except two which were in
the middle of it, and which were themselves stolen from Samos.
Did you not think that I would summon your most intimate friends to
give evidence of this matter, who had often been at your house, and ask
of them whether they knew that statues were there which were not?
XX.[52] What did you think that these men would think
of you
then, when they saw that you were no longer contending against your
accuser, but against the quaestor and the brokers? On which
matter you heard Charidemus of Chios give his evidence at the former
pleadings, that he, when he was captain of a trireme, and was attending
Verres on his departure from Asia, was with him at Samos, by command of
Dolabella and that he then knew that the temple of Juno had been
plundered, and the town of Samos; that afterwards he had been put on
his trial before the Chians,
his fellow citizens, on the accusation of the Samians; and that he had
been acquitted because he had made it plain that the allegations of the
Samians concerned Verres, and not him. [53]
You know that Aspendus is an ancient and noble town in Pamphylia, full
of very fine statues. I do not say that one statue or another was taken
away from thence: this I say, that you, O Verres, left not one statue
at Aspendus;
that everything from the temples and from all public places was openly
seized and carried away on wagons, the citizens all looking on. And he
even carried off that harp-player of Aspendus, of whom you have often
heard the saying, which is a proverb among the Greeks,
who used to say that he could sing everything within himself, and put
him in the inmost part of his own house, so as to appear to have
surpassed the statue itself in trickery. [54]
At Perga we are aware that there is a very ancient and very holy temple
of Diana. That too, I say, was stripped and plundered by you; and all
the gold which there was on Diana
herself was taken off and carried away. What, in the name of mischief,
can such audacity and inanity mean? In the very cities of our friends
and allies, which you visited under the pretext of your office as
lieutenant, if you had stormed them by force with an army, and had
exercised military rule there; still, I think, the statues and
ornaments which you took away, you would have carried, not to your own
house, nor to the suburban villas of your friends, but to Rome for the
public use.
XXI.[55] Why should I speak of Marcus Marcellus, who
took Syracuse, that most beautiful city? why of Lucius Scipio, who
waged war in Asia, and conquered Antiochus, a most powerful monarch?
why of Flaminius, who subdued Philip the king, and Macedonia? why of
Lucius Paullus, who with his might and valour conquered king Perses?
why of Lucius Mummius, who overthrew that most beautiful and elegant
city Corinth, full of all sorts of riches, and brought many cities of
Achaia and Boeotia under the empire and dominion of the Roman
people?--their houses, though they were rich in virtue and honour, were
empty of statues and paintings. But we see the whole city, the temples
of the gods, and all parts of Italy, adorned with their gifts, and with
memorials of them. [56]
I am afraid all this may seem to some people too ancient, and long ago
obsolete. For at that time all men were so uniformly disposed in the
same manner, that this credit of eminent virtue and incorruptibility
appears to belong, not only to those men, but also to those times.
Publius Servilius,
a most illustrious man, who has performed the noblest exploits, is
present. He will deliver his opinion on your conduct. He, by his power,
had forces; his wisdom and his valour took Olympus,
an ancient city, and one strengthened and embellished in every possible
manner. I am bringing forward recent example of a most distinguished
man. For Servilius, as a general of the Roman people, took Olympus
after you, as lieutenant of the quaestor in the same district, had
taken care to harass and plunder all the cities of our friends and
allies even when they were at peace. [57]
The things which you carried off from the holiest temples with
wickedness, and like a robber, we cannot see, except in your own
houses, or in those of your friends. The statues and decorations which
Publius Servilius
brought away from the cities of our enemies, taken by his courage and
valour, according to the laws of war and his own rights as
commander-in-chief, he brought home for the Roman
people; he carried them in his triumph, and took care that a
description of them should be engraved on public tablets and hid up in
the treasury. You may learn from public documents the industry of that
most honourable man. Read--“The accounts delivered by Publius
Servilius.”
You see not only the number of the statues, but the size, the figure,
and the condition of each one among them accurately described in
writing. Certainly, the delight arising from virtue and from victory is
much greater than that pleasure which is derived from licentiousness
and covetousness. I say that Servilius took much more care to have the
booty of the Roman people noted and described, than you took to have
your plunder catalogued.
XXII.[58] You will say that your statues and paintings
were also an ornament to the city and forum of the Roman people. I
recollect: I, together with the Roman
people, saw the forum and place for holding the assemblies adorned with
embellishments, in appearance indeed magnificent, but to one's senses
and thoughts bitter and melancholy. I saw everything glittering with
your thefts, with the plunder of the provinces, with the spoils of our
allies and friends. At which time, O judges, that fellow conceived the
hope of committing his other crimes. For he saw that these men, who
wished to be called the masters of the courts of law, were slaves to
these desires. [59] But the allies
and
foreign nations then first abandoned the hope of saving any of their
property and fortunes, because, as it happened, there were at that time
very many ambassadors from Asia and Achaia at Rome,
who worshipped in the forum the images of the gods which had been taken
from their temples. And so also, when they recognised the other statues
and ornaments, they wept, as they beheld the different pieces of their
property in different place. And from all those men we then used to
hear discourses of this sort:--“That it was impossible for any one to
doubt of the ruin of our allies and friends, when men saw in the forum
of the Roman
people, in which formerly those men used to be accused and condemned
who had done any injury to the allies, those things now openly placed
which had been wickedly seized and taken away from the allies.” [60]
Here I do not expect that he will deny that he has many statues, and
countless paintings. But, as I fancy, he is accustomed at times to say
that he purchased these things which he seized and stole; since indeed
he was sent at the public expense, and with the title of ambassador,
into Achaia, Asia, and Pamphylia as a purchaser of statues and
paintings.
XXIII. I have all the accounts both of that fellow and
of his
father, of money received, which I have most carefully read and
arranged; those of your father, as long as he lived, you own, as far as
you say that you have made them up. For in that man, O judges, you will
find this new thing. We hear that some men have never kept accounts;
which is a mistaken opinion of men with respect to Antonius;
for he kept them most carefully. But there may be men of that sort, but
they are by no means to be approved of. We hear that some men have not
kept them from the beginning, but after some time have made them up;
there is a way of accounting for this too. But this is unprecedented
and absurd which this man gave us for an answer, when we demanded his
account of him: “That he kept them up to the consulship of Marcus
Terentius and Caius Cassius; but that, after that, he gave up keeping
them.” [61]
In another place we will consider what sort of a reply this is; at
present I am not concerned with it; for of the times about which I am
at present occupied I have the accounts, both yours and those of your
father. You cannot deny that you carried off very many most beautiful
statues, very many admirable paintings. I wish you would deny it. Show
in your accounts or in those of your father that any one of them was
purchased, and you have gained your cause. There is not even any
possibility of your having bought those two most beautiful statues
which are now standing in your court, and which stood for many years by
the folding doors of the Samian Juno;
these two, I say, which are now the only statues left in your house,
which are waiting for the broker, left alone and deserted by the other
statues.
XXIV.[62] But, I suppose in these matters alone had he
this
irrepressible and unbridled covetousness; his other desires were
restrained by some reason and moderation. To how many noble virgins, to
how many matrons do you think he offered violence in that foul and
obscene lieutenancy? In what town did he set his foot that he did not
leave more traces of his rapes and atrocities than he did of his
arrival? But I will pass over everything which can be denied; even
those things which are most certain and most evident I will omit; I
will select one of his abominable deeds, in order that I may the more
easily at last arrive at Sicily, which has imposed the burden of this
business on me. [63] There is a
town on the Hellespont, O judges, called Lampsacus, among the first in
the province of Asia for renown and for nobleness. And the citizens
themselves of Lampsacus are most especially kind to all Roman citizens,
and also are an especially quiet and orderly race; almost beyond all
the rest of the Greeks inclined to the most perfect ease, rather than
to any disorder or tumult. It happened, when he had prevailed on Cnaeus
Dolabella to send him to king Nicomedes
and to king Sadala, and when he had begged this expedition, more with a
view to his own gain than to any advantage for the republic, that in
that journey he came to Lampsacus,
to the great misfortune and almost ruin of the city. He is conducted to
the house of a man named Janitor as his host; and his companions also,
are billeted on other entertainers. As was the fellow's custom, and as
his lusts always instigating him to commit some wickedness prompted
him, he immediately gives a commission to his companions, the most
worthless and infamous of men, to inquire and find out whether there is
any virgin woman worthy of his staying longer at Lampsacus for her sake.
XXV.[64] He had a companion of
the name of Rubrius,
a man made for such vices as his, who used to find out all these things
for him wherever he went, with wonderful address. He brings him the
following news,--that there was a man of the name of Philodamus, in
birth, in rank, in wealth, and in reputation by far the first man among
the citizens of Lampsacus;
that his daughter, who was living with her father because she had not
yet got a husband, was a woman of extraordinary beauty, but was also
considered exceedingly modest and virtuous. The fellow, when he heard
this, was so inflamed with desire for that which he had not only not
seen himself, but which even he from whom he heard of it had not seen
himself, that he said he should like to go to Philodamus
immediately. Janitor, his host, who suspected nothing, being afraid
that he must have given him some offence himself, endeavoured with all
his might to detain him. Verres,
as he could not find any pretext for leaving his host's house began to
pave his way for his meditated violence by other steps. He says that
Rubrius,
his most loved friend, his assistant in all such matters, and the
partner of his counsels, is lodged with but little comfort. He orders
him to be conducted to the house of Philodamus. [65]
But when this is reported to Philodamus,
although he was ignorant what great misfortune was at that moment being
contrived for him and for his children, still he comes to
him,--represents to him that that is not his office,--that when it was
his turn to receive guests, he was accustomed to receive the praetors
and consuls themselves, and not the attendants of lieutenants. Verres,
as he was hurried on by that one desire alone, disregarded all his
demands and allegations, and ordered Rubrius to be introduced by force
into the house of a man who had a right to refuse him admittance.
XXVI. On this, Philodamus,
when he could not preserve his rights, studied at least to preserve his
courtesy and affability. He who had always been considered most
hospitable and most friendly towards our people, did not like to appear
to have received even this fellow Rubrius
into his house unwillingly; he prepares a banquet magnificently and
luxuriously, being, as he was, among the richest of all his fellow
citizens; he begs Rubrius
to invite whoever were agreeable to himself; to leave, if he pleased,
just room for himself alone. He even sends his own son, a most
excellent youth, out to one of his relations to supper. [66] Rubrius invites Verres's
companions; Verres
informs them all what there was to be done. They come early. They sit
down to supper. Conversation takes place among them, and an invitation
is given to drink in the Greek
fashion. The host encourages them; they demand wine in larger goblets;
the banquet proceeds with the conversation and joy of every one. When
the business appeared to Rubrius to have got warm enough, “I would know
of you, O Philodamus,”
says he, “why you do not bid your daughter to be invited in hither to
us?” The man, who was both a most dignified man, and of mature age, and
a parent, was amazed at the speech of the rascal. Rubrius began to urge
it. Then he, in order to give some answer, said that it was not the
custom of the Greeks
for women to sit down at the banquets of men. On this some one else
from some other part of the room cried out, “But this is not to be
borne; let the women be summoned.” And immediately Rubrius orders his
slaves to shut the door, and to stand at the doors themselves. [67] But when Philodamus
perceived that what was intended and being prepared was, that violence
should be offered to his daughter, he calls his servants to him, he
bids them disregard him and defend his daughter, and orders some one to
run out and bear the news to his son of this overpowering domestic
misfortune. Meantime an uproar arises throughout the whole house; a
fight takes place between the slaves of Rubrius
and his host. That noble and most honourable man is buffeted about in
his own house; every one fights for his own safety. At last Philodamus
has a quantity of boiling water thrown over him by Rubrius
himself. When the news of this is brought to the son, half dead with
alarm he instantly hastens home to bring aid to save the life of his
father and the modesty of his sister. All the citizens of Lampsacus,
with the same spirit, the moment they heard of it, because both the
worth of Philodamus and the enormity of the injury excited them,
assembled by night at his house. At this time Cornelius, the lictor of
Verres, who had been placed with his slaves by Rubrius, as if on guard,
for the purpose of carrying off the woman, is slain; some of the slaves
are wounded; Rubrius himself is wounded in the crowd. Verres, when he
saw such an uproar excited by his own cupidity, began to wish to escape
some way or other if he could.
XXVII.[68] The next morning men come early to the
public
assembly; they ask what is best to be done; every one delivered his own
opinions to the people according as each individual had the most
weight. No one was found whose opinion and speech was not to this
purpose:--“That it need not be feared, if the Lampsacenes had avenged
that man's atrocious wickedness by force and by the sword, that the
senate and Roman people would have thought they ought to chastise their
city. And if the lieutenants of the Roman
people were to establish this law with respect to the allies, and to
foreign nations,--that they were not to be allowed to preserve the
chastity of their children unpolluted by their lusts, it was better to
endure anything rather than to live in a state of such violence and
bitterness.” [69] As all were of
this
opinion, and as every one spoke in this tenor, as his own feelings and
indignation prompted each individual, all immediately proceeded towards
the house where Verres
was staying. They began to beat the door with stones, to attack it with
weapons, to surround it with wood and faggots, and to apply fire to it.
Then the Roman citizens who were dwelling as traders at Lampsacus run
together to the spot; they entreat the citizens of Lampsacus
to allow the name of the lieutenancy to have more weight with them than
the insult of the lieutenant; they say that they were well aware that
he was an infamous and wicked man, but as he had not accomplished what
he had attempted, and as he was not going to be at Lampsacus any
longer, their error in sparing a wicked man would be less than that of
not sparing a lieutenant. [70] And
so that fellow, far more wicked and infamous than even the notorious
Hadrian, was a good deal more fortunate. He, because Roman
citizens could not tolerate his avarice, was burnt alive at Utica
in his own house; and that was thought to have happened to him so
deservedly, that all men rejoiced, and no punishment was inflicted for
the deed. This man, scorched indeed though he was by the fire made by
our allies, yet escaped from those flames and that danger; and has not
even yet been able to imagine what he had done, or what had happened to
bring him into such great danger. For he cannot say:--“When I was
trying to put down a sedition, when I was ordering corn, when I was
collecting money for the soldiers, when in short I was doing something
or other for the sake of the republic, because I gave some strict
order, because I punished some one, because I threatened some one, all
this happened.” Even if he were to say so, still he ought not to be
pardoned, if he seemed to have been brought into such great danger
through issuing too savage commands to our allies.
XXVIII.[71] Now when he neither dares himself to allege
any such
cause for the tumult as being true, nor even to invent such a
falsehood, but when a most temperate man of his own order, who at that
time was in attendance on Caius Nero, Publius Tettius, says that he too
heard this same account at Lampsacus, (a man most accomplished in
everything, Caius Varro, who was at that time in Asia as military
tribune, says that be heard this very same story from Philodamus,)
can you doubt that fortune was willing, not so much to save him from
that danger, as to reserve him for your judgment! Unless, indeed, he
will say, as indeed Hortensius did say, interrupting Tettius
while he was giving his evidence in the former pleading (at which time
indeed he gave plenty of proof that, if there were anything which he
could say, he could not keep silence; so that we may all feel sure
that, while he was silent in the other matters that were alleged, he
was so because he had nothing to say); he at that time said this, that
Philodamus and his son had been condemned by Caius Nero.
[72] About which, not to make a long speech, I will
merely say that Nero and his bench of judges came to that decision on
the ground that it was plain that Cornelius,
his lictor, had been slain, and that they thought it was not right that
any one, even while avenging his own injuries, should have the power to
kill a man. And as to this I see that you were not by Nero's sentence
acquitted of atrocity, but that they were convicted of murder. And yet
what sort of a conviction was that? Listen, I entreat you, O judges,
and do sometimes pity our allies, and show that they ought to have, and
that they have, some protection in your integrity.
XXIX. Because the man appeared to all Asia to have been
lawfully slain, being in name indeed his lictor, but in reality the
minister of his most profligate desires, Verres feared that Philodamus
would be acquitted by the sentence of Nero. He begs and entreats
Dolabella to leave his own province, to go to Nero; he shows that he
himself cannot be safe if Philodamus be allowed to live and at any time
to come to Rome. [73]
Dolabella was moved; he did what many blamed, in leaving his army, his
province, and the war, and in going into Asia, into the province of
another magistrate, for the sake of a most worthless man. After he came
to Nero, he urged him to take cognisance of the cause of Philodamus.
He came himself to sit on the bench, and to be the first to deliver his
opinion. He had brought with him also his prefects, and his military
tribunes, all of whom Nero invited to take their places on the bench On
that bench also was that most just judge Verres himself. There were
some Romans also, creditors of some of the Greeks,
to whom the favour of any lieutenant, be he ever so infamous, is of the
greatest influence in enabling them to get in their money.
[74] The unhappy prisoner could find no one to
defend him; for what citizen was there who was not under the influence
of Dolabella? what Greek who was not afraid of his power and authority?
And then is assigned as the accuser a Roman
citizen, one of the creditors of the Lampsacenes; and if he would only
say what that fellow ordered him to say, he was to be enabled to compel
payment of his money from the people, by the aid of that same Verres's
lictors. When all these thing; were conducted with such zeal, and with
such resources; when many were accusing that unhappy man, and no one
was defending him; and when Dolabella, with his prefects, was taking an
eager part on the bench; when Verres
kept saying that his fortunes were at stake--when he also gave his
evidence--when he also was sitting on the bench--when he also had
provided the accuser; when all this was done, and when it was clear
that the man had been slain, still, so great was the weight which the
consideration of bat fellow's injury had, so great was his iniquity
thought, that the case of Philodamus was adjourned for further inquiry.
XXX.[75] Why need I now speak of the energy of Cnaeus
Dolabella at the second hearing of the cause,--of his tears of his
agitation of body and minds? Why need I describe the mind of Caius
Nero,--a
most virtuous and innocent man, but still on some occasions too timid
and low spirited?--who in that emergency had no idea what to do,
unless, perchance (as every one wished him to do), to settle the matter
without the intervention of Verres and Dolabella.
Whatever had been done without their intervention all men would
approve; but, as it was, the sentence which was given was thought not
to have been pronounced judicially by Nero, but to have been extorted
by Dolabella. For Philodamus and his son are convicted by a few votes:
Dolabella is present; urges and presses Nero to have them executed as
speedily as possible, in order that as few as may be may bear of that
man's nefarious wickedness. [76]
There is exhibited in the market-place of Laodicea a spectacle bitter,
and miserable, and grievous to the whole province of Asia--an
aged parent led forth to punishment, and on the other side a son; the
one because he had defended the chastity of his children, the other
because he had defended the life of his father and the fair fame of his
sister. Each was weeping,--the father, not for his own execution, but
for that of his son; the son for that of his father. How many tears do
you think that Nero himself sheds? How great do you think was the
weeping of all Asia? How great the groans and lamentations of the
citizens of Lampsacus, that innocent men, nobles, allies and friends of
the Roman
people, should be put to death by public execution, on account of the
unprecedented wickedness and impious desires of one most profligate
man? [77] After this, O Dolabella,
no one can pity either you or your children, whom you have left
miserable, in beggary and solitude. Was Verres
so dear to you, that you should wish the disappointment of his lust to
be expiated by the blood of innocent men? Did you leave your army and
the enemy, in order by your own power and cruelty to diminish the
dangers of that most wicked man? For, had you expected him to be an
everlasting friend to you, because you had appointed him to act as your
quaestor? Did you not know, that Cnaeus Carbo,
the consul whose real quaestor he had been, had not only been deserted
by him, but had also been deprived of his resources and his money, and
nefariously attacked and betrayed by him? Therefore, you too
experienced his perfidy when he joined your enemies,--when he, himself
a most guilty man, gave most damaging evidence against you--when he
refused to give in his accounts to the treasury unless you were
condemned.
XXXI.[78] Are your lusts, O Verres, to be so atrocious,
that the provinces of the Roman
people, that foreign nations, cannot limit and cannot endure them?
Unless whatever you see, whatever you hear, whatever you desire,
whatever you think of, is in a moment to be subservient to your nod, is
at once to obey your lust and desire, are men to be sent into people's
houses? are the houses to be stormed? Are cities--not only the cities
of enemies now reduced to peace--but are the cities of our allies and
friends to be forced to have recourse to violence and to arms, in order
to be able to repel from themselves and from their children the
wickedness and lust of a lieutenant of the Roman people? For I ask of
you, were you besieged at Lampsacus? Did that multitude begin to burn
the house in which you were staying? Did the citizens of Lampsacus wish
to burn a lieutenant of the Roman people alive? You cannot deny it; for
I have your own evidence which you gave before Nero,--I have the
letters which you sent to him. Recite the passage from his evidence. [79] [The evidence of Caius Verres
against Artemidorus is read.] Recite the passages out of Verres's
letters to Nero. [Passages from the letters of Verres to Nero are
read.] “Not long afterwards, they came into the house.” Was the city of
Lampsacus endeavouring to make war on the Roman people? Did it wish to
revolt from our dominion--to cast off the name of allies of Rome? For I
see, and, from those things which I have read and heard, I am sure,
that, if in any city a lieutenant of the Roman
people has been, not only besieged, not only attacked with fire and
sword, by violence, and by armed forces, but even to some extent
actually injured, unless satisfaction be publicly made for the insult,
war is invariably declared and waged against that city.
[80]
What, then, was the cause why the whole city of the Lampsacenes ran, as
you write yourself, from the assembly to your house? For neither in the
letters which you sent to Nero,
nor in your evidence, do you mention any reason for so important a
disturbance. You say that you were besieged, that fire was applied to
your house, that faggots were put round it; you say that your lictor
was slain; you say that you did not dare appear in the public streets;
but the cause of all this alarm you conceal. For if Rubrius
had done any injury to any one on his own account, and not at your
instigation and for the gratification of your desires, they would
rather have come to you to complain of the injury done by your
companion, than have come to besiege you. As, therefore, he himself has
concealed what the cause of that disturbance was, and as the witnesses
produced by us have related it, do not both their evidence and his own
continued silence prove the reason to be that which we have alleged?
XXXII.[81] Will you then spare this man, O judges?
whose
offences are so great that they whom he injured could neither wait for
the legitimate time to take their revenge, nor restrain to a future
time the violence of their indignation. You were besieged? By whom? By
the citizens of Lampsacus--barbarous men, I suppose, or, at all events,
men who despised the name of the Roman people. Say rather, men, by
nature, by custom, and by education most gentle; moreover, by
condition, allies of the Roman
people, by fortune our subjects, by inclination our suppliants--so that
it is evident to all men, that unless the bitterness of the injury and
the enormity of the wickedness had been such that the Lampsacenes
thought it better to die than to endure it, they never would have
advanced to such a pitch as to be more influenced by hatred of your
lust--than by fear of your office as lieutenant. [82]
Do not, in the name of the immortal gods, I entreat you--do not compel
the allies and foreign nations to have recourse to such a refuge as
that; and they must of necessity have recourse to it, unless you
chastise such crimes. Nothing would ever have softened the citizens of
Lampsacus towards him, except their believing that he would be punished
at Rome.
Although they had sustained such an injury that they could not
sufficiently avenge it by any law in the world, yet they would have
preferred to submit their griefs to our laws and tribunals, rather than
to give way to their own feelings of indignation. You, when you have
been besieged by so illustrious a city on account of your own
wickedness and crime--when you have compelled men, miserable and
maddened by calamity, as if in despair of our laws and tribunals, to
fly to violence, to combat, and to arms--when you have shown yourself
in the towns and cities of our friends, not as a lieutenant of the
Roman
people, but as a lustful and inhuman tyrant--when among foreign nations
you have injured the reputation of our dominion and our name by your
infamy and your crimes--when you have with difficulty saved yourself
from the sword of the friends of the Roman
people, and escaped from the fire of its allies, do you think you will
find an asylum here? You are mistaken--they allowed you to escape alive
that you might fall into our power here, not that you might find rest
here.
XXXIII.[83] And you say that a judicial decision was
come to that you were injuriously besieged for no reason at Lampsacus,
because Philodamus
and his son were condemned. What if I show, if I make it evident, by
the evidence of a worthless man indeed, but still a competent witness
in this matter,--by the evidence of you yourself,--that you yourself
transferred the reason of this siege laid to you, and the blame of it,
to others? and that those whom you had accused were not punished? Then
the decision of Nero will do you but little good. Recite the letters
which he sent to Nero. [The letter of Caius Verres to Nero is read.]
“Themistagoras
and Thessalus.” ... You write that Themistagoras and Thessalus
stirred up the people. What people? They who besieged you; who
endeavoured to burn you alive. Where do you prosecute them? Where do
you accuse them? Where do you defend the name and rights of a
lieutenant? Will you say that that was settled by the trial of
Philodamus? Let me have the evidence of Verres himself.
[84]
Let us see what that fellow said on his oath. Recite it. “Being asked
by the accuser, he answered that he was not prosecuting for that in
this trial, that he intended to prosecute for that another time.” How,
then, does Nero's decision profit you?--how does the conviction of
Philodamus? Though you, a lieutenant, had been besieged, and when, as
you yourself write to Nero, a notorious injury had been done to the
Roman
people, and to the common cause of all lieutenants, you did not
prosecute. You said that you intended to prosecute at some other time
When was that time? When have you prosecuted? Why have you taken so
much from the rights of a lieutenant's rank? Why have you abandoned and
betrayed the cause of the Roman
people? Why have you passed over your own injuries, involved as they
were in the public injury? Ought you not to have brought the cause
before the senate? to have complained of such atrocious injuries? to
have taken care that those men who had excited the populace should be
summoned by the letters of the consuls? [85]
Lately, when Marcus Aurelius Scaurus made the demand, because he said
that he as quaestor had been prevented by force at Ephesus from taking
his servant out of the temple of Diana, who had taken refuge in that
asylum, Pericles, an Ephesian, a most noble man, was summoned to Rome,
because he was accused of having been the author of that wrong. If you
had stated to the senate that you, a lieutenant, had been so treated at
Lampsacus,
that your companions were wounded, your lictor slain, you yourself
surrounded and nearly burnt, and that the ringleaders and principal
actors and chiefs in that transaction were Themistagoras and Thessalus,
who, you write, were so, who would not have been moved? Who would not
have thought that he was taking care of himself in chastising the
injury which had been done to you? Who would not have thought that not
only your cause but that the common safety was at stake in that matter?
In truth the name of lieutenant ought to be such as to pass in safety
not only among the laws of allies, but even amid the arms of enemies.
XXXIV.[86] This crime committed at Lampsacus
is very great; a crime of lust and of the most infamous desires. Listen
now to a tale of avarice, but little less iniquitous of its sort. He
demanded of the Milesians a ship to attend him to Myndus
as a guard. They immediately gave him a light vessel, a beautiful one
of its class, splendidly adorned and armed. With this guard he went to
Myndus.
For, as to the wool being public property which he carried off from the
Milesians,--as for his extravagance on his arrival,--as for his insults
and injuries offered to the Milesian magistrates, although they might
be stated not only truly, but also with vehemence and with indignation,
still I shall pass them all over, and reserve them for another time to
be proved by evidence. At present listen to this which cannot possibly
be suppressed, and at the same time cannot be mentioned with proper
dignity. [87] He orders the
soldiers and the crew to return from Myndus to Miletus on foot; he
himself sold that beautiful light vessel, picked out of the ten ships
of the Milesians, to Lucius Magius and Lucius Rabius, who were living
at Myndus.
These are the men whom the senate lately voted should be considered in
the number of enemies. In this vessel they sailed to all the enemies of
the Roman people, from Dianium, which is in Spain, to Senope, which is
in Pontus. O ye immortal gods! the incredible avarice, the unheard-of
audacity of such a proceeding! Did you dare to sell a ship of the Roman
fleet, which the city of Miletus
had assigned to you to attend upon you? If the magnitude of the crime,
if the opinion of men, had no influence on you, did this, too, never
occur to you,--that so illustrious and so noble a city would he a
witness against you of this most wicked theft, or rather of this most
abominable robbery? [88] Or because
at that time Cnaeus Dolabella
attempted, at your request, to punish the man who had been in command
of that vessel, and who had reported to the Milesians what had been
done, and had ordered his report, which according to their laws had
been inserted in the public registers, to be erased, did you, on that
account, fancy that you had escaped from that accusation?
XXXV. That opinion of yours has much deceived you, and
on many occasions. For you have always fancied, and especially in
Sicily,
that you had taken sufficient precautions for your defence, when you
had either forbidden anything to be mentioned in the public records, or
had compelled that which had been so mentioned to be erased. How vain
that step is, although in the former pleading you learnt it in the
instance of many cities of Sicily,
yet you may learn it again in the case of this city. The citizens are,
indeed, obedient to the command, as long as they are present who give
the command. As soon as they are gone, they not only set down that
which they have been forbidden to set down, but they also write down
the reason why it was not entered in the public records at the time. [89] Those
documents remain at Miletus, and will remain as long as that city
lasts. For the Milesian people had built ten ships by command of Lucius
Marcus out of the taxes imposed by the Roman people, as the other
cities of Asia
had done, each in proportion to its amount of taxation Wherefore they
entered on their public records, that one of the ten had been lost, not
by the sudden attack of pirates, but by the robbery of a
lieutenant,--not by the violence of a storm, but by this horrible
tempest which fell upon the allies. [90]
There are at Rome
Milesian ambassadors, most noble men and the chief men of the city,
who, although they are waiting with apprehension for the month of
February and the time of the consuls elect, yet they not only do not
dare to
deny such an atrocious action when they are asked about it, but they
cannot forbear speaking of it unasked if they are present. They will
tell you, I say, being induced by regard to religion, and by their fear
of their laws at home, what has become of that vessel. They will
declare to you that Caius Verres has behaved himself like a most
infamous pirate in regard to that fleet which was built against pirates.
XXXVI. When Caius Malleolus, the quaestor of Dolabella,
had been slain, he thought that two inheritances had come to him; one,
that of his quaestorian office, for he was immediately desired by
Dolabella to be his proquaestor; the other, of a guardianship, for as
he was appointed guardian of the young Malleolus, he immediately
invaded his property. [91]
For Malleolus
had started for his province so splendidly equipped that he left
actually nothing behind him at home. Besides, he had put out a great
deal of money among the provincials, and had taken bills from them. He
had taken with him a great quantity of admirably embossed silver plate.
For he, too, was a companion of that fellow Verres
in that disease and in that covetousness; and so he left behind him at
his death a great quantity of silver plate, a great household of
slaves, many workmen, many beautiful youths. That fellow seized all the
plate that took his fancy; carried off all the slaves he chose; carried
off the wines and all the other things which are procured most easily
in Asia, which he had left behind: the rest he sold, and took the money
himself. [92] Though it was plain
that he had received two million, five hundred thousand sesterces,
when he returned to Rome,
he rendered no account to his ward, none to his ward's mother, none to
his fellow-guardians; though he had the servants of his ward, who were
workmen, at home, and beautiful and accomplished slaves about him, he
said that they were his own,--that he had bought them. When the mother
and grandmother of the boy repeatedly asked him if he would neither
restore the mosey nor render an account, at least to say how much money
of Malleolus's he had received, being wearied with their importunities,
at last he said, a million of sesterces. Then on the
last line of his accounts, he put in a name at the bottom by a most
shameless erasure; he put down that he had paid to Chrysogonus, a
slave, six hundred thousand sesterces which he had
received for his ward Malleolus.
How out of a million they became six hundred thousand; how the six
hundred thousand tallied so exactly with other accounts,--that of the
money belonging to Cnaeus Carbo there was also a remainder of six
hundred thousand sesterces; and how it was that they
were put down as paid to Chrysogonus; why that name occurred on the
bottom line of the page, and after an erasure, you will judge. [93] Yet, though he had entered in his
accounts six hundred thousand sesterces
as having been received, he has never paid over fifty thousand. Of the
slaves, since he has been prosecuted in this manner, some have been
restored, some are detained even now. All the gains which they had
made, and all their substitutes are detained.
XXXVII. This is that fellow's splendid guardianship.
See to whom
you are entrusting your children! Behold how great is the recollection
of a dead companion! Behold how great is the fear of the opinion of the
living! When all Asia had given herself up to you to be harassed and
plundered, when all Pamphylia
was placed at your mercy to be pillaged, were you not content with this
rich booty? Could you not keep your hands off your guardianship, off
your ward, off the son of your comrade? It is not now the Sicilians;
they are now a set of ploughmen, as you are constantly saying, who are
hemming you in. It is not the men who have been excited against you and
rendered hostile to you by your own decrees and edicts. Malleolus
is brought forward by me and his mother and his grandmother, who,
unfortunate, and weeping, say that their boy has been stripped by you
of his father's property. [94]
What are you waiting for? till poor Malleolus
rises from the shades below, and demands of you an account of your
discharge of the duties of a guardian, of a comrade, of an intimate
friend? Fancy that he is present himself, O most avaricious and most
licentious man, restore the property of your comrade to his son; if not
all you have robbed him of, at least that which you have confessed that
you received. Why do you compel the son of your comrade to utter his
first words in the forum with the voice of indignation and complaint?
Why do you compel the wife of your comrade, the mother-in-law of your
comrade, in short, the whole family of your dead comrade, to hear
evidence against you? Why do you compel most modest and admirable women
to come against their wont and against their will into so great an
assembly of men? Recite the evidence of them all. [The evidence of the
mother and grandmother is read.]
XXXVIII.[95] But how he as proquaestor harassed the
republic of the Milyades, how he oppressed Lycia, Pamphylia, Piscidia,
and all Phrygia,
in his levying corn from them, and valuing it according to that
valuation of his which he then devised for the first time, it is not
necessary for me now to relate, know this much, that these articles
(and all such matters were transacted through his instrumentality,
while he levied on the cities corn, hides, hair-cloth, sacks, but did
not receive the goods but exacted money instead of them),--for these
articles alone damages were laid in the action against Dolabella, at
three millions of sesterces. And all these things even
if they were done with the consent of Dolabella, were yet all
accomplished through the instrumentality of that man.
[96] I will pause on one article, for many are of
the same sort. Recite. “Money received from the actions against Cnaeus
Dolabella, praetor of the Roman
people, that which was received from the State of the Milyades...” I
say that you collected this money, that you made this valuation, that
the money was paid to you; and I prove that you went through every part
of the province with the same violence and injustice, when you were
collecting most enormous sums, like some disastrous tempest or
pestilence. [97] Therefore Marcus
Scaurus, who accused Cnaeus Dolabella,
held him under his power and in subjection. Being a young man, when in
prosecuting his inquiries he ascertained the numerous robberies and
iniquities of that man, he acted skillfully and warily. He showed him a
huge volume full of his exploits; he got from the fellow all he wanted
against Dolabella. He brought him forward as a witness; the fellow said
everything which he thought the accuser wished him to say. [98]
And of that class of witnesses, men who were accomplices in his
robberies, I might have had a great plenty if I had chosen to employ
them; who offered of their own accord to go wherever I chose, in order
to deliver themselves from the danger of actions, and from a connection
with his crimes. I rejected the voluntary offers of all of them. There
was not only no room for a traitor, there was none even for a deserter
in my camp. Perhaps they are to be considered better accusers than I,
who do all these things; but I wish the defender of others to be
praised in my person, not the accuser. He does not dare bring in his
accounts to the treasury before Dolabella
is condemned. He prevails on the senate to grant him an adjournment;
because he said that his account-books had been sealed up by the
accusers of Dolabella; just as if he had not the power of copying them.
This man is the only man who never renders accounts to the treasury.
XXXIX. You have heard the accounts of his quaestorship
rendered
in three lines; but no accounts of his lieutenancy, till he was
condemned and banished who alone could detect any error in them. The
accounts of his praetorship, which, according to the decree of the
senate, he ought to have rendered immediately on leaving office, he has
not rendered to this very day.
[99]
He said that he was waiting for the quaestors to appear in the senate;
just as if a praetor could not give in his accounts without the
quaestor, in the same way as the quaestor does without the praetor, (as
you did, Hortensius, and as all have done.) He said that Dolabella
obtained the same permission. The omen pleased the conscript fathers
rather than the excuse; they admitted it. But now the quaestors have
arrived some time. Why have you not rendered them now? Among the
accounts of that infamous lieutenancy and pro-quaestorship of yours,
those items occur which are necessarily set down also in the accounts
of Dolabella. (An extract is read of the account of the damages
assessed against Dolabella, praetor of the Roman people, for money
received.) [100] The sum which
Dolabella entered to Verres as having been received from him, is less
than the sum which Verres has entered as having been paid to him by
four hundred and thirty-five thousand sesterces. The sum
which Dolabella made out that Verres received less than he has put down
in his account-books, is two hundred and thirty-two thousand sesterces.
Dolabella also made out that on account of corn he had received one
million and eight hundred thousand sesterces;
as to which you, O most incorruptible man, had quite a different entry
in your account-books. Hence it is that those extraordinary gains of
yours have accumulated, which we are examining into without any guide,
article by article as we can;--hence the account with Quintus and
Cnaeus Postumus Curtius, made up of many items; of which that fellow
has not one in his account-books;--hence the fourteen hundred thousand sesterces
paid to Publius Tadius at Athens,
as I will prove by witnesses;--hence the praetorship, openly purchased;
unless indeed that also is doubtful, how that man became praetor. [101]
Oh, he was a man, indeed, of tried industry and energy, or else of a
splendid reputation for economy, or perhaps, which is however of the
least importance, for his constant attendance at our assemblies;--a man
who had lived before his quaestorship with prostitutes and pimps; who
had passed his quaestorship you yourselves know how;--who, since that
infamous quaestorship, has scarcely been three days in Rome:
who, while absent, has not been out of sight, but has been the common
topic of conversation for every one on account of his countless
iniquities. He, on a sudden, the moment he came to Rome,
is made praetor for nothing! Besides that, other money was paid to buy
off accusations. To whom it was paid is, I think, nothing to me;
nothing to the matter in hand. That it was paid was at the time
notorious to every one while the occurrence was recent.
[102]
O you most foolish, most senseless man, when you were making up your
accounts, and when you wanted to shirk out of the charge of having made
extraordinary gains, did you think that you would escape sufficiently
from all suspicion, if when you lent men money you did not enter any
sums as given to them, and put down no such item at all in your
account-books, while the Curtii were giving you credit in their books
for all that had been received? What good did it do you that you had
not put down what was paid to them? Did you think you were going to try
your cause by the production of no other account-books than your own?
XL.[103] However, let us now come to that splendid
praetorship
and to those crimes which are better known to those who are here
present, than even to us who come prepared to speak after long
consideration. In dealing with which, I do not doubt that I may not be
able to avoid and escape from some blame on the ground of negligence.
For many will say, “He said nothing of the transaction at which I was
present; he never touched upon that injury which was done to me, or to
my friend, transactions at which I was present.” To all those who are
acquainted with the wrongs this man has done--that is, to the whole
Roman
people--I earnestly wish to make this excuse, that it will not be out
of carelessness that I shall pass over many things, but because I wish
to reserve some points till I produce the witnesses, and because I
think it necessary to omit some altogether with a view to brevity, and
to the time my speech must take. I will confess too, though against my
will, that, as he never allowed any moment of time to pass free from
crime, I have not been able to ascertain fully every iniquity which has
been committed by him. Therefore I beg you to listen to me with respect
to the crimes of his praetorship, expecting only to hear those
mentioned, both in the matters of deciding law-suits and of insisting
on the repair of public buildings, which are thoroughly worthy of a
criminal whom it is not worth while to accuse of any small or ordinary
offences. [104] For when he was
made praetor, leaving the house of Chelidon after having taken the
auspices, he drew the lot of the city province, more in accordance with
his own inclination and that of Chelidon, than with the wish of the
Roman people. And observe how he behaved at the very outset,--what his
intentions were as shown in his first edict.
XLI. Publius Annius Asellus died while Caius Sacerdos
was praetor. As he had an only daughter, and as he was not included in
the census, he did what nature prompted, and what no law forbade,--he
appointed his
daughter heiress of all his property. His daughter was his heiress.
Everything made for the orphan; the equity of the law, the wish of the
father, the edicts of the praetors, the usage of the law which existed
at the time that Asellus died.
[105]
That fellow, being praetor elect, (whether being instigated by others,
or being tempted by circumstances, or whether, from the instinctive
sagacity which he has in such matters, he came of his own accord to
this rascality, without any prompter, without any informer, I know not;
you only know the audacity and insanity of the man,) appeals to Lucius
Annius as the heir, (who indeed was appointed heir after the daughter,)
for I cannot be persuaded that Verres
was appealed to by him; he says that he can give him the inheritance by
an edict; he instructs the man in what can be done. To the one the
property appeared desirable, the other thought that he could sell it.
Verres,
although he is of singular audacity, still sent privately to the young
girl's mother; he preferred taking money for not issuing any new edict,
to interposing so shameful and inhuman a decree. [106]
Her guardians, if they gave money to the praetor in the name of their
ward, especially if it were a huge sum, did not see how they could
enter it in their accounts; did not see how they could give it except
at their own risk; and at the same time they did not believe that he
would be so wicked. Being often applied to, they refused. I pray you,
take notice, how equitable a decree he issued at the will of the man to
whom he was giving the inheritance of which the children were robbed.
“As I understand that the Lex Voconia ... ” Who would
ever believe that Verres
would be an adversary of women? or did he do something contrary to the
interests of women, in order that the whole edict might not appear to
have been drawn up at the will of Chelidon.
He wishes, he says, to oppose the covetousness of men. Oh, certainly.
Who, not only in the present age, but even in the times of our
ancestors, was ever so far removed from covetousness? Recite what comes
next, I beg; for the gravity of the man, his knowledge of the law, and
his authority delight me. “Who, since the censorship of Aulus Postumius
and Quintus Fulvius, has made, or shall have made....” Has made, or
shall have made! who ever issued an edict in such a manner? [107]
Who ever proposed by an edict any penalty or danger for an act which
could not be provided for otherwise either before the edict or after
the edict?
XLII. Publius Annius
had made his will in accordance with law, with the statutes, with the
authority of all who were consulted; a will neither improper, nor made
in disregard of any duty, nor contrary to human nature. But even if he
had made such a will as that, still, after his death no new law ought
to have been enacted which should have any effect on his will. I
suppose the Voconian law pleased you greatly? You should have imitated
Quintus
Voconius himself, who did not by his law take away her inheritance from
any female whether virgin or matron, but established a law for the
future, that no one who after the year of the existing censors should
be enrolled in the census, should make either virgin or matron his
heir. [108] In
the
Voconian law, there is no “has made or shall have made.” Nor in any law
is time past ever implicated in blame, except in cases which are of
their own nature wicked and nefarious, so that, even if there were no
law, they would be strenuously to be avoided. And in these cases we see
that many things are established by law in such a way that things done
previously cannot be called in question--the Cornelian law the law
about testaments, the law about money, and many others, in which no new
law is established in the nation, but it is established that what has
always been an evil action shall be liable to public prosecution up to
a certain time. [109] But if any
one
establishes any new regulation on any points of civil law, does he
allow everything which has been previously done to remain unaltered?
Look at the Atinian law, at the Furian law, at the Voconian law itself,
as I said before; in short, at every law on the subject of civil
rights; you will find in all of them that regulations are established
which are only to come into operation after the passing of the law.
Those who attribute the greatest importance to the edict, say that the
edict of the praetor is an annual law. You embrace more in an edict
than you can in a law. If the first of January puts an end to the edict
of the praetor, why does not the edict have its birth also on the first
of January?
Or, is it the case that no one can advance forward by his edict into
the year when another man is to be praetor, but that he may retire back
into the year when another man has been praetor? And if you had
published this edict for the sake of right, and not for the sake of one
man, you would have composed it more carefully.
XLIII.[110] You write, “If any one has made, or shall
have made
his heir......” What are we to think? Suppose a man has bequeathed in
legacies more than comes to his heir or heirs, as by the Voconian law a
man may do who is not included in the census? Why do you not guard
against this, as it comes under the same class? Because in your
expressions you are not thinking of the interests of a class, but of an
individual; so that it is perfectly evident that you were influenced by
a desire for money. And if you had issued this edict with only a
prospective operation, it would have been less iniquitous; still it
would have been scandalous: but in that case, though it might have been
blamed, it could not have been doubted about, for no one would have
broken it. Now it is an edict of such a sort, that any one can see that
it was written, not for the people, but for the second heir of Publius
Annius. [111]
Therefore, though that heading had been embellished by you with so many
words, and with that mercenary preamble, was any praetor found
afterwards to draw up an edict in similar style? Not only no one ever
did publish such an edict, but no one was ever apprehensive even of any
one publishing such an edict. For after your praetorship many people
made wills in the same manner, and among them Annia
did so lately. She, by the advice of many of her relations, being a
wealthy woman, because she was not included in the census, by her will
made her daughter her heiress. This, now, is great proof of men's
opinion of the singular wickedness of that fellow, that, though Verres
had established this of his own accord, yet no one was apprehensive
that any one could be found to adopt the rule which he had laid down.
For you alone were found to be a man who could not be satisfied with
correcting the wills of the living, unless you also rescinded those of
the dead. [112] You yourself
removed this
clause from your Sicilian edict. You wished, if any matters arose
unexpectedly, to decide them according to your edict as praetor of the
city. The defence which you left yourself afterwards you yourself
greatly injured, when you yourself, in your provincial edict,
repudiated your own authority.
XLIV. And I do not doubt that as this action appears
bitter and
unworthy to me, to whom my daughter is very dear, it appears so also to
each one of you who is influenced by a similar feeling and love for his
daughters. For what has nature ordained to be more agreeable and more
dear to us? What is more worthy to have all our affections and all our
indulgence expended upon it? [113]
O most infamous of men, why did you do so great an injury to Publius
Annius
after death? Why did you cause such indelible grief to his ashes and
bones, as to take from his children the property of their father given
to then? by the will of their father in accordance with the law and
with the statutes, and to give them to whomsoever you pleased? Shall
the praetor be able, when we are dead, to take away our property and
our fortunes from those to whom we give them while alive? He says, “I
will neither give any right of petition, nor possession.” Will you,
then, take away from a young girl her purple-bordered robe? Will you
take away, not only the ornaments of her fortune, but those also
denoting her noble birth? Do we marvel that the citizens of Lampsacus
flew to arms against that man? Do we marvel that when he was leaving
his province, he fled secretly from Syracuse
as if we were as indignant at what happens to others as at our own
injury there would not be a relic of that man left to appear in the
forum. [114] The father gives to
his
daughter: you forbid it. The laws allow it: yet you interpose your
authority. He gives to her of his own property in such a manner as not
to infringe any law. What do you find to blame in that? Nothing, I
think. But I allow you to do so. Forbid it if you can; if you can find
any one to listen to you; if any one can possibly obey your order. Will
you take away their will from the dead,--their property from the
living,--their rights from all men? Would not the Roman
people have avenged itself by force if it had not reserved you for this
occasion and for this trial? Since the establishment of the praetorian
power, we have always adopted this principle,--that if no will was
produced, then possession was given to that person who would have had
the best right to be the heir, if the deceased had died intestate. Why
this is the most righteous principle it is easy to show; but in a
matter so established by precedent it is sufficient to point out that
all men had previously laid down the law in this way, and that this was
the ancient and customary edict.
XLV.[115] Listen to another new edict of the fellow in
a case of
frequent occurrence; and then, while there is any place where civil law
can be learnt, pray send all the youths of Rome to his lectures. The
genius of the man is marvellous; his prudence is marvellous. A man of
the name of Minucius died while he was praetor. He left no will. By law
his inheritance passed to the Minucian family. If Verres
had issued the edict which all praetors both before and after him did
issue, possession would have been given to the Minucian family. If any
thought himself heir by will, though no will was known, he might
proceed by law to put forward his claim to the inheritance; or if he
had taken security for the claim, and given security, he then proceeded
to try an action for his inheritance. This is the law which, as I
imagine, both our ancestors and we ourselves have always been
accustomed to. See, now, how that fellow amended it.
[116]
He composes an edict;--such language that any one can perceive that it
was written for the sake of one individual. He all but names the man;
he details his whole cause; he disregards right, custom, equity, the
edicts of all his predecessors. “According to the edict of the city
praetor,--if any doubt arises about an inheritance, if the possessor
does not give security....” What is it to the praetor which is the
possessor? Is not this the point which ought to be inquired into, who
ought to be the possessor? Therefore, because he is in possession, you
do not remove him from the possession. If he were not in possession,
you would not give him possession. For you nowhere say so; nor do you
embrace anything else in your edict except that cause for which you had
received money. What follows is ridiculous. [117] “If
any doubt arises about an inheritance, and if testamentary papers are
produced before me, sealed with not fewer seals than are required by
law, I shall adjudge the inheritance as far as possible according to
the testamentary papers.” So far is usual. This ought to follow next:
“If testamentary papers are not produced....” What says he? That he
will adjudge it to him who says he is the heir. What, then, is the
difference whether testamentary papers are produced or not? If he
produces them, though they may have only one seal less than is required
by law, you will not give him possession; but if he produces no such
papers at all, you will. What shall I say now? That no one else ever
issued a similar edict afterwards? A very marvellous thing, truly, that
there should have been no one who chose to be considered like that
fellow! He himself, in his Sicilian edict, has not this passage. No;
for he had received his payment for it. And so in the edict which I
have mentioned before, which he issued in Sicily, about giving
possession of inheritances, he laid down the same rules which all the
praetors at Rome had laid down besides himself. From the Sicilian
edict,--“If any doubt arise about an inheritance...”
XLVI.[118] But, in the name of the immortal gods, what
can
possibly be said of this business? For I ask of you now a second time,
as I did just now, with reference to the affair of Annia,
about the inheritance of females,--I ask you now, I say, about the
possession of inheritances,--why you were unwilling to transfer those
paragraphs into your provincial edict? Did you think those men who were
living in the province more worthy to enjoy just laws than we were? Or
is one thing just in Rome and another in Sicily?
For you cannot say in this place that there are many things in the
province which require to be regulated differently from what they would
if they existed at Rome;
at all events not in the case of taking possession of inheritances, or
of the inheritances of women. For in both these cases I see that nor
only all other magistrates, but that you yourself, have issued edicts
word for word the same as those which are accustomed to be issued at
Rome. The clauses which, with great disgrace and for a great bribe, you
had inserted in your edict at Rome, those alone, I see, you omitted in
your Sicilian edict, in order not to incur odium in the province for
nothing. [119]
And as, while he was praetor elect, he composed his whole edict at the
pleasure of those who bought law of him to secure their own advantage;
so also, when he had entered on his office, he used to make decrees
contrary to his edict without the slightest scruple. Therefore, Lucius
Piso filled many books with the affairs in which he had interposed his
authority, because Verres
had decreed in a manner contrary to his edict. And I think that you
have not forgotten what a multitude and what respectable citizens used
to assemble before Piso's seat while that man was praetor, and unless
he had had him for a colleague, he would have been stoned in the very
forum. But his injuries at that time appeared of less importance,
because there was a refuge always ready in the justice and prudence of
Piso, whom men could apply to without any labour, or any trouble, or
any expense, and even without a patron to recommend them. [120]
For, I entreat you, recall to your recollection, O judges, what licence
that fellow took in determining the law; how great a variation there
was in his decrees, what open buying and selling of justice; how empty
the houses of all those men who were accustomed to be consulted on
points of civil law, how full and crammed was the house of Chelidon.
And when men had come from that woman to him, and had whispered in his
ear, at one time he would recall those between whom he had just
decided, and alter his decree; at another time he, without the least
scruple, gave a decision between other parties quite contrary to the
last decision which he had given only a little while before. [121]
Hence it was that men were found who were even ridiculous in their
indignation; some of whom, as you have heard, said that it was not
strange that such piggish justice should be worthless. Others were
colder; but still, because
they were angry they seemed ridiculous, while they execrated Sacerdos
who had spared so worthless a boar. And I should hardly mention these
things, for they were not extraordinarily witty, nor are they worthy of
the gravity of the present subject, if I did not wish you to recollect
that his worthlessness and iniquity were constantly in the mouths of
the populace, and had become a common proverb.
XLVII.[122] But shall I first speak of his arrogance
towards the Roman
people, or his cruelty? Beyond all question, cruelty is the graver and
more atrocious crime. Do you think then that these men have forgotten
how that fellow was accustomed to beat the common people of Rome
with rods? And indeed a tribune of the people touched on that matter in
the public assembly, when he produced in the sight of the Roman
people the man whom he had beaten with rods. And I will give you the
opportunity of taking cognisance of that business at its proper time. [123]
But who is ignorant with what arrogance he behaved? how he disregarded
every one of a low condition, how he despised them, how he did not
account the poor to be free men at all? Publius Trebonius made many
virtuous and honourable men his heirs; and among them his own freedman.
He had had a brother, Aulus Trebonius,
a proscribed man. As he wished to make provision for him, he put down
in his will, that his heirs should take an oath to manage that not less
than half of each man's share should come to Aulus Trebonius, that
proscribed brother of his. The freedman takes the oath; the other heirs
go to Verres,
and point out to him that they ought not to take such an oath; that
they should be doing what was contrary to the Cornelian law, which
forbids a proscribed man to be assisted. They obtain from him authority
to refuse the oath. He gives them possession; that I do not find fault
with. Certainly it was a scandalous thing for any part of his brother's
property to be given to a man who was proscribed and in want. But that
freedman thought that he should be committing a wickedness if he did
not take the oath in obedience to the will of his patron. [124] Therefore Verres
declares that he will not give him possession of his inheritance, in
order that he may not be able to assist his proscribed patron; and also
in order that that might serve as a punishment for having obeyed the
will of his other patron. You give possession to him who did not take
the oath. I admit your right to do so; it is a privilege of the
praetor. You take it from him who has taken the oath. According to what
precedent? He is aiding a proscribed man. There is a law; there is a
punishment established in such a case. What is that to him who is
determining the law? Do you blame him because he assisted his patron,
who was in distress at the time, or because he attended to the wishes
of his other patron, who was dead, from whom he had received the
greatest of all benefits? Which of these actions are you blaming? And
then that most admirable man, sitting on his curule chair, said this:
“Can a freedman be heir to a Roman knight of such great wealth?” O how
modest must the class of freedmen be, since he departed from that place
alive! [125]
I can produce six hundred decrees in which, even if I were not to
allege that money had interrupted justice, still the unprecedented and
iniquitous nature of the decrees themselves would prove it. But that by
one example you may be able to form your conjectures as to the rest,
listen to what you have already heard in the previous pleading.
XLVIII. There was a man called Caius Sulpicius Olympus.
He died while Caius Sacerdos was praetor. I don't know whether it was
not before Verres had begun to announce himself as a candidate for the
praetorship. He made Marcus Octavius Ligur his heir. Ligur thus entered
upon his inheritance; he took possession while Sacerdos was praetor,
without any dispute. After Verres entered on his office, in accordance
with his edict, an edict such as Sacerdos had not issued, the daughter
of the patron of Sulpicius began to claim from Ligur a sixth part of
the inheritance. Ligur was absent. His brother Lucius conducted his
cause; his friends and relations were present. That fellow Verres said
that, unless the business was settled with the woman, he should order
her to take possession. Lucius Gellius defended the cause of Ligur.
He showed that his edict ought not to prevail with respect to those
inheritances which had accrued to the heirs before his praetorship;
that, if this edict had existed at that time, perhaps Ligur
would not have entered upon the inheritance at all. This just demand,
and the highest authority of influential men, was beaten down by money.
[126]
Ligur
came to Rome; he did not doubt that, if he himself had seen Verres,
he should have been able to move the man by the justice of his cause
and by his own influence. He went to him to his house; he explains the
whole business; he points out to him how long ago it was that the
inheritance had come to him and, as it was easy for an able man to do
in a most just cause, he said many things which might have influenced
any one. At last he began to entreat him not to despise his influence
and scorn his authority to such an extent as to inflict such an injury
upon him. The fellow began to accuse Ligur
of being so assiduous and so attentive in a business which was
adventitious, and only belonging to him by way of inheritance. He said
that he ought to have a regard for him also; that he required a great
deal himself; that the dogs whom he kept about him required a great
deal. I cannot recount those things to you more plainly than you have
heard Ligur himself relate them in his evidence. [127]
What are we to say, then, O Verres?
Are we not to give credence to even these men as witnesses? Are these
things not material to the question before us? Are we not to believe
Marcus Octavius? Are we not to believe Lucius Ligur? Who will believe
us? Who shall we believe? What is there, O Verres
which can ever be made plain by witnesses, if this is not made so? Or
is that which they relate a small thing? It is nothing less than the
praetor of the city establishing this law as long as he remains in
office,--that the praetor ought to be co-heir with all those to whom an
inheritance comes. And can we doubt with what language that fellow was
accustomed to address the rest of the citizens of an inferior rank, of
inferior authority, and of inferior fortune; with what language he was
accustomed to address country people from the municipal towns; with
what language he was accustomed to address those whom he never thought
free men,--I mean, the freedmen; when he did not hesitate to ask Marcus
Octavius Ligur,
a man of the highest consideration as to position, rank, name, virtue,
ability, and influence, for money for deciding in favour of his
undoubted lights?
XLIX. And as to how he behaved in the matter of putting
the
public buildings in proper repair, what shall I say? They have said,
who felt it. There are others, too, who are speaking of this. [128] Notorious and
manifest facts have been brought forward, and shall be brought forward
again. Caius Fannius, a Roman knight, the brother of Quintus Titinius,
one of your judges, has said that he gave you money. Recite the
evidence of Caius Fannius. [Read.] Pray do not believe Caius Fannius
when he says this; do not believe--you I mean, O Quintus Titinius--do
not believe Caius Fannius, your own brother. For he is saying what is
incredible. He is accusing Caius Verres of avarice and audacity; vices
which appear to meet in any one else rather than in him. Quintus Tadius
has said something of the same sort, a most intimate friend of the
father of Verres,
and not unconnected with his mother, either in family or in name. He
has produced his account-books, by which he proves that he had given
him money. Recite the particulars of the accounts of Quintus Tadius.
[Read.] Recite the evidence of Quintus Tadius. [Read.] Shall we not
believe either the account-books of Quintus Tadius,
or his evidence? What then shall we follow in coming to our decision?
What else is giving all men free licence for every possible sin and
crime, if it is not the disbelieving the evidence of the most
honourable men, and the account books of honest ones?
[129] For why should I mention the daily
conversation and daily complaints of the Roman people?--why that
fellow's most impudent theft, I should rather say, his new and
unexampled robber? how he dared in the temple of Castor, in that most
illustrious and renowned monument, a temple which is placed before the
eyes and in the daily view of the Roman
people, to which the senate is often summoned, where crowded
deliberations on the most momentous affairs take place every day, why
should I mention his having dared to leave in that place, in contempt
of anything any one can say, an eternal monument of his audacity?
L.[130] Publius Junius, O judges, had the guardianship,
of the temple of Castor. He died in the consulship of Lucius Sulla and
Quintus Metellus. He left behind him a young son under age. When Lucius
Octavius and Caius Aurelius
the consuls had let out contracts for the holy temple, and were not
able to examine all the public buildings to see in what repair they
were; nor could the praetors to whom that business had been assigned,
namely, Caius Sacerdos and Marcus Caesius; a decree of the senate was
passed that Caius Verres and Publius Caelius,
the praetors should examine into and decide about those public
buildings as to which no examination or decision had yet taken place.
And after this power was conferred on him, that man, as you have learnt
from Caius Fannius and from Quintus Tadius,
as he had committed his robberies in every sort of affair without the
least disguise and with the greatest effrontery, wished to leave this
as a most visible record of his robberies, which we might, not
occasionally hear of, but see every day of our lives.
[131] He inquired who was bound to deliver up the
temple of Castor in good repair. He knew that Junius
himself was dead; he desired to know to whom his property belonged. He
hears that his son is under age. The fellow, who had been in the habit
of saying openly that boys and girls who were minors were the surest
prey for the praetors, said that the thing he had so long wished for
had been brought into his bosom. He thought that, in the care of a
monument of such vast size, of such laborious finish, however sound and
in however thorough a state of repair it might be, he should certainly
find something to do, and some excuse for plunder.
[132] The temple of Castor ought to have been
entrusted to Lucius Rabonius. He by chance was the guardian of the
young Junius
by his father's will. An agreement had been made between him and his
ward, without any injury to either, in what state it should be given up
to him. Verres summons Rabonius
to appear before him he asks him whether there is anything which has
not been handed over to him by his ward, which might be exacted from
him. When he said, as was the case, that the delivery of the temple had
been very easy for his ward; that all the statues and presents were in
their places, that the temple itself was sound in every part; that
fellow began to think it a shameful thing if he was to give up so large
a temple and so extensive a work without enriching himself by booty,
and especially by booty to be got from a minor.
LI.[133] He comes himself into the temple of Castor;
he looks all over the temple; he sees the roof adorned all over with a
most splendid ceiling, and all the rest of the building as good as new
and quite sound. He ponders; he considers what he can do. Some one of
those dogs, of whom he himself had said to Ligur that there were a
great number about him, said to him--“You, O Verres,
have nothing which you can do here, unless you like to try the pillars
by a plumb-line.” The man, utterly ignorant of everything, asks what is
the meaning of the expression, “by a plumb-line.” They tell him that
there is hardly any pillar which is exactly perpendicular when tried by
a plumb-line. “By my truth,” says he, “that is what we must do; let the
pillars be tested by a plumb-line.” [134]
Rabonius,
like a man who knew the law, in which law the number of the pillars
only is set down, but no mention made of a plumb-line, and who did not
think it desirable for himself to receive the temple on such terms,
lest he should be hereafter expected to hand it over under similar
conditions, says that he is not to be treated in that way, and that
such an examination has no right to be made. Verres orders Rabonius
to be quiet, and at the same time holds out to him some hopes of a
partnership with himself in the business. He easily overpowers him, a
moderate man, and not at all obstinate in his opinions; and so he
adheres to his determination of having the pillars examined. [135] This unprecedented resolve, and
the unexpected calamity of the minor, is immediately reported to Caius
Mustius, the step-father of the youth, who is lately dead; to Marcus
Junius, his uncle, and to Publius
Potitius, his guardian, a most frugal man. They report the business to
a man of the greatest consideration, of the greatest benevolence and
virtue, Marcus Marcellus, who was also a guardian of the minor. Marcus
Marcellus comes to Verres;
he begs of him with many arguments, in the name of his own good faith
and diligence in his office, not to endeavour to deprive Junius his
ward of his father's fortune by the greatest injustice. Verres, who had
already in hope and belief devoured that booty, was neither influenced
by the justice of Marcus
Marcellus's argument, nor by his authority. And therefore he answered
that he should proceed with the examination, according to the orders
which he had given. [136] As they
found
that or all applications to this man were ineffectual, all access to
him difficult, and almost impossible, being, as he was, a man with whom
neither right, nor equity, nor mercy, nor the arguments of a relation,
nor the wishes of a friend, nor the influence of any one had any
weight, they resolve that the best thing which they could do, as indeed
might have occurred to any one, was to beg Chelidon for her aid, who,
while Verres
was praetor, was not only the real judge in all civil law, and in the
disputes of all private individuals, but who was supreme also in this
affair of the repairs of the public buildings.
LII.[137] Caius Mustius, a Roman knight, a farmer of
the revenues, a man of the very highest honour, came to Chelidon.
Marcus
Junius,
the uncle of the youth, a most frugal and temperate man, came to her; a
man who shows his regard for his high rank by the greatest honour, and
modesty, and attention to his duties. Publius
Potitius, his guardian, came to her. Oh that praetorship of yours,
bitter to many, miserable, scandalous? To say nothing of other points,
with what shame, with what indignation, do you think that such men as
these went to the house of a prostitute? men who would have encountered
such disgrace on no account, unless the urgency of their duty and of
their relationship to the injured youth had compelled them to do so.
They came, as I say, to Chelidon.
The house was full; new laws, new decrees, new decisions were being
solicited: “Let him give me possession.” ... “Do not let him take away
from me.”... “Do not let him give sentence against me.”.... “Let him
adjudge the property to me.” Some were paying money, some were signing
documents. The house was full, not with a prostitute's train, but
rather with a crowd seeking audience of the praetor.
[138] As soon as they can get access to her, the men
whom I have mentioned go to her. Mustius
speaks, he explains the whole affair, he begs for her assistance, he
promises money. She answers, considering she was a prostitute, not
unreasonably: she says that she will gladly do what they wish, and that
she will talk the matter over with Verres carefully; and desires
Mustius
to come again. Then they depart. The next day they go again. She says
that the man cannot be prevailed on, that he says that a vast sum can
be made of the business.
LIII. I am afraid that perhaps some of the people, who
were not
present at the former pleading, (because these things seem incredible
on account of their consummate baseness,) may think that they are
invented by me. You, O judges, have known them before. [139] Publius Potitius, the guardian of
the minor Junius, stated them on his oath. So did Marcus Junius, his
uncle and guardian. So would Mustius have stated them if he had been
alive; but as Mustius cannot, Lucius Domitius stated that while the
affair was recent, he heard these things stated by Mustius; and though
he knew that I had had the account from Mustius while he was alive, for
I was very intimate with him; (and indeed I defended Caius Mustius when
he gained that trial which he had about almost the whole of his
property ;) though, I say, Lucius Domitius knew that I was aware that
Mustius was accustomed to tell him all his affairs, yet he said nothing
about Chelidon
as long as he could help it; he directed his replies to other points.
So great was the modesty of that most eminent young man, of that
pattern for the youth of the city, that for some time, though he was
pressed by me on that point, he would rather give any answer than
mention the name of Chelidon. At first, he said that the friends of
Verres had been deputed to mention the subject to him; at last, after a
time, being absolutely compelled to do so, he named Chelidon. [140] Are you not ashamed, O Verres, to
have carried on your praetorship according to the will of that woman,
whom Lucius Domitius scarcely thought it creditable to him even to
mention the name of?
LIV. Being rejected by Chelidon,
they adopt the necessary resolution of undertaking the business
themselves. They settle the business, which ought to have come to
scarcely forty thousand sesterces, with Rabonius the
other guardian, for two hundred thousand. Rabonius reports the fact to
Verres;
as it seems to him the exaction has been sufficiently enormous and
sufficiently shameless. He, who had expected a good deal more, receives
Rabonius
with harsh language, and says that he cannot satisfy him with such a
settlement as that. To cut the matter short, he says that he shall
issue contracts for the job. [141]
The guardians are ignorant of this; they think that what has been
settled with Rabonius is definitely arranged--they fear no further
misfortune for their ward. But Verres
does not procrastinate; he begins to let out his contracts, (without
issuing any advertisement or notice of the day,) at a most unfavourable
time--at the very time of the Roman games, and while the forum is
decorated for them. Therefore Rabonius
gives notice to the guardians that he renounces the settlement to which
he had come. However, the guardians come at the appointed time; Junius,
the uncle of the youth, bids. Verres
began to change colour: his countenance, his speech, his resolution
failed him. He begins to consider what he was to do. If the contract
was taken by the minor, if the affair slipped through the fingers of
the purchaser whom he himself had provided, he would get no plunder.
Therefore He contrives--what? Nothing very cleverly, nothing of which
any one could say, “it was a rascally trick, but still a deep one.” Do
not expect any disguised roguery from him, any underhand trick; you
will find everything open, undisguised, shameless, senseless,
audacious. [142] “If the contract be
taken by the minor, all the plunder is snatched out of my hands; what
then is the remedy? What? The minor must not be allowed to have the
contract.” Where is the usage in the case of selling property,
securities, or lands adopted by every consul, and censor, and praetor,
and quaestor, that that bidder shall have the preference to whom the
property belongs, and at whose risk the property is sold? He excludes
that bidder alone to whom alone, I was nearly saying, the power of
taking the contract ought to have been offered. “For why,”--so the
youth might say--“should any one aspire to my money against my will!
What does he come forward for? The contract is let out for a work which
is to be done and paid for out of my money. I say that it is I who am
going to put the place in repair, the inspection of it afterwards will
belong to you who let out the contract. You have taken sufficient
security for the interests of the people with bonds and sureties; and
if you do not think sufficient security has been taken, will you as
praetor send whomsoever you please to take possession of my property,
and not permit me to come forward in defence of my own fortune?”
LV.[143] It is worth while to consider the words of the
contract
itself. You will say that the same man drew it up who drew up that
edict about inheritance. “The contract for work to be done, which the
minor Junius's....” Speak, I pray you, a little more plainly. “Caius
Verres,
the praetor of the city, has added....” The contracts of the censors
are being amended. For what do they say? I see in many old documents,
“Cnaeus
Domitius, Lucius Metellus, Lucius Cassius, Cnaeus Servilius have
added....” Caius Verres
wants something of the same sort. Read. What has he added? “Admit not
as a partner in this work any one who has taken a contract from Lucius
Marcius and Marcus Perperna
the censors; give him no snare in it; and let him not contract for it.”
Why so? Is it that the work may not be faulty? But the inspection
afterwards belonged to you. Lest he should not have capital enough? But
sufficient security had been taken for the people's interest in bonds
and sureties, and more security still might have been had. [144]
If in this case the business itself, if the scandalous nature of your
injustice had no weight with you;--if the misfortune of this minor, the
tears of his relations, the peril of Decimus Brutus, whose lands were
pledged as security for him, and the authority of Marcus Marcellus
his guardian had no influence with you, did you not even consider this,
that your crime would be such that you would neither be able to deny
it, (for you had entered it in your account-books,) nor, if you
confessed it, to make any excuse for it? The contract is knocked down
at five hundred and fifty thousand sesterces, while the
guardians kept crying out that they could do it even to the
satisfaction of the most unjust of men, for eighty thousand. In truth,
what was the job? [145] That which
you
saw. All those pillars which you see whitewashed, had a crane put
against them, were taken down at a very little expense, and put up
again of the same stone as before. And you let this work out for five
hundred and sixty thousand sesterces. And among those
pillars I say that there are some which have never been moved at all by
your contractor. I say that there are some which only had the outer
coat scraped off, and a fresh coat put on. But, if I had thought that
it cost so much to whitewash pillars, I should certainly never have
stood for the aedileship. Still, in order that something might appear
to be really being done, and that it might not seem to be a mere
robbery of a minor--“If in the course of the work you injure anything,
you must repair it.”
LVI.[146] What was there that he could injure, when he
was only
putting back every stone in its place? “He who takes the contract must
give security to bear the man harmless who has taken the work from the
former contractor.” He is joking when he orders Rabonius
to give himself security. “Ready money is to be paid.” Out of what
funds? From his funds who cried out that he would do for eighty
thousand sesterces what you let out at five hundred and
sixty thousand. Out of what funds? out of the funds of a minor, whose
tender age and desolate condition, even if he had no guardians, the
praetor himself ought to protect. But as his guardians did protect him,
you took away not only his paternal fortune, but the property of the
guardians also. [147] “Execute the
work
in the best materials of every sort.” Was any stone to be cut and
brought to the place? Nothing was to be brought but the crane. For no
stone, no materials at all were brought; there was just as much to be
done in that contract as took a little labour of artisans at low wages,
and there was the hire of the crane. Do you think it was less work to
make one entirely new pillar without any old stone, which could be
worked up again, or to put back those four in their places? No one
doubts that it is a much a better job to make one new one. I will prove
that in private houses, where there has been a great deal of expensive
carriage, pillars no smaller than these are contracted for to be placed
in an open court for forty thousand sesterces apiece. [148]
But it is folly to argue about such manifest shamelessness of that man
at any greater length, especially when in the whole contract he has
openly disregarded the language and opinion of every one, inasmuch as
he has added at the bottom of it, “Let him have the old materials for
himself.” As if any old materials were taken from that work, and as if
the whole work were not done with old materials. But still, if the
minor was not allowed to take the contract, it was not necessary for it
to come to Verres
himself: some other of the citizens might have undertaken the work.
Every one else was excluded no less openly than the minor. He appointed
a day by which the work must be completed--the first of December. He
gives out the contract about the thirteenth of September: every one is
excluded by the shortness of the time. What happens then? How does
Rabonius contrive to have his work done by that day?
LVII.[149] No one troubles Rabonius, neither on the
first of December, nor on the fifth, nor on the thirteenth. At last
Verres
himself goes away to his province some time before the work is
completed. After he was prosecuted, at first he said that he could not
enter the work in his accounts; when Rabonius pressed it, he attributed
the cause of it to me, because I had sealed up his books. Rabonius
applies to me, and sends his friends to apply to me; he easily gets
what he wishes for; Verres
did not know what he was to do. By not having entered it in his
accounts, he thought he should be able to make some defence; but he
felt sure that Rabonius
would reveal the whole of the transaction. Although, what could be more
plain than it now is, even without the evidence of any witness
whatever. At last he enters the work in Rabonius's name as undertaken
by him, four years after the day which he had fixed for its completion.
[150] He would never have
allowed such
terms as those if any other citizen had been the contractor; when he
had shut out all the other contractors by the early day which he had
fixed, and also because men did not choose to put themselves in the
power of a man who, if they took the contract, thought that his plunder
was torn from his hands. For why need we discuss the point where the
money went to? He himself has showed us. First of all, when Decimus
Brutus contended eagerly against him, who paid five hundred and sixty
thousand sesterces
of his own money; and as he could not resist him, though he had given
out the job, and taken securities for its execution, he returned him a
hundred and ten thousand. Now if this had been another man's money, he
clearly could not have done so. In the second place, the money was paid
to Cornificius, whom he cannot deny to have been his secretary. Lastly,
the accounts of Rabonius himself cry out loudly that the plunder was
Verres's own. Read “The items of the accounts of Rabonius.”
LVIII.[151] Even in this place in the former pleadings
Quintus Hortensius complained that the young Junius came clad in his
praetexta into your presence, and stood with his uncle while he was
giving his
evidence; and said that I was seeking to rouse the popular feeling, and
to excite odium against him, by producing the boy. What then was there,
O Hortensius,
to rouse the popular feeling? what was there to excite odium in that
boy, I suppose, forsooth, I had brought forward the son of Gracchus, or
of Saturninus,
or of some man of that sort, to excite the feelings of an ignorant
multitude by the mere name and recollection of his father. He was the
son of Publius Junius, one of the common people of Rome;
whom his dying father thought he ought to recommend to the protection
of guardians and relations, and of the laws, and of the equity of the
magistrates, and of your administration of justice.
[152]
He, through the wicked letting out of contracts by that man, and
through his nefarious robbery, being deprived of all his paternal
property and fortune, came before your tribunal, if for nothing else,
at least to see him through whose conduct he himself has passed many
years in mourning, a little less gaily dressed than he was used to be.
Therefore, O Hortensius,
it was not his age but his cause, not his dress but his fortune, that
seemed to you calculated to rouse the popular feeling. Nor did it move
you so much that he had come with the praetexta, as that he had come
without the bulla. For no one was influenced by that
dress which custom and the right of
his free birth allowed him to wear. Men were indignant, and very
indignant, that the ornament of childhood which his father had given
him, the proof and sign of his good fortune, had been taken from him by
that robber. [153] Nor were the
tears which were shed for him shed more by the people than by us, and
by yourself, O Hortensius,
and by those who are to pronounce sentence in this cause. For because
it is the common cause of all men, the common danger of all men, such
wickedness like a conflagration must be put out by the common
endeavours of all men. For we have little children; it is uncertain how
long the life of each individual among us may last. We, while alive,
ought to take care and provide that their desolate condition and
childhood may be secured by the strongest possible protection. For who
is there who can defend the childhood of our children against the
dishonesty of magistrates? Their mother, I suppose. No doubt, the
mother of Annia,
though a most noble woman, was a great protection to her when she was
left a minor. No doubt she, by imploring the aid of gods and men,
prevented him from robbing her infant ward of her father's fortunes.
Can their guardians defend them? Very easily, no doubt, with a praetor
of that sort by whom both the arguments, and the earnestness, and the
authority of Marcus Marcellus in the cause of his ward Junius were
disregarded.
LIX.[154] Do we ask what he did in the distant province
of Phrygia? what in the most remote parts of Pamphylia? What a robber
of pirates he proved himself in war, who had been found to be a
nefarious plunderer of the Roman
people in the forum? Do we doubt what that man would do with respect to
spoils taken from the enemy, who appropriated to himself so much
plunder from the spoils of Lucius Metellus? Who let out a
contract for whitewashing four pillars at a greater price than Metellus
paid for erecting the whole of them? Must we wait to hear what the
witnesses from Sicily
say? Who has ever seen that temple who is not a witness of your
avarice, of your injustice, of your audacity? Who has ever come from
the statue of Vertumnus into the Circus Maximus,
without being reminded at every step of your avarice? for that road,
the road of the sacred cars and of such solemn processions, you have
had repaired in such a way that you yourself do not dare go by it. Can
any one think that when you were separated from Italy by the sea you
spared the allies? You who chose the temple of Castor to be the witness
of your thefts which the Roman people saw every day, and even the
judges at the very moment that they were giving their decision
concerning you.
LX.[155] And he, even during his praetorship, exercised
the office of judge in public cases. For even that must not be passed
over. A fine was sought to be recovered from Quintus Opimius
before him while praetor; who was brought to trial, as it was alleged,
indeed, because while tribune of the people he had interposed his veto
in a manner contrary to the Cornelian law, but, in reality, because
while tribune of the people he had said
something which gave offence to some one of the nobles. And if I were
to wish to say anything of that decision, I should have to call in
question and to attack many people, which it is not necessary for me to
do. I will only say that a few arrogant men, to say the least of them,
with his assistance, ruined all the fortunes of Quintus Opimius in fun
and joke. [156]
Again; does he complain of me, because the first pleading of his cause
was brought to an end by me in nine days only; when before himself as
judge. Quintus Opimius, a senator of the Roman
people, in three hours lost his property, his position, and all his
titles of honour? On account of the scandalous nature of which
decision, the question has often been mooted in the senate of taking
away the whole class of fines and sentences of that sort. But what
plunder he amassed in selling the property of Quintus Opimius,
and how openly, how scandalously he amassed it, it would take too long
to relate now. This I say,--unless I make it plain to you by the
account-books of most honourable men, believe that I have invented it
all for the present occasion. [157]
Now the man who profiting by the disaster of a Roman
senator, at whose trial he had presided while praetor, endeavoured to
strip him of his spoils and carry them to his own house, has he a right
to deprecate any calamity to himself?
LXI. For as for the choosing of other judges by Junius,
of that I say nothing. For why should I? Should I venture to speak
against the lists which you produced? It is difficult to do so; for not
only does your own influence and that of the judges deter me, but also
the golden ring of your secretary. I will not say that which it is
difficult to prove; I will say
this--which I will prove,--that many men of the first consequence heard
you say that you ought to be pardoned for having produced a false list,
for that, unless you had guarded against it, you yourself would also
have been ruined by the same storm of unpopularity as that under which
Caius Junius fell. [158]
In this way has that fellow learnt to take care of himself and of his
own safety, by entering both in his own private registers and in the
public documents what had never happened; by effacing all mention of
what had; and by continually taking away something, changing something
(taking care that no erasure was visible), interpolating something. For
he has come to such a pitch, that he cannot even find a defence for his
crimes without committing other grimes. That most senseless man thought
that such a substitution of his own judges also could be effected by
the instrumentality of his comrade, Quintus Curtius,
who was to be principal judge; and unless I had prevented that by the
power of the people, and the outcries and reproaches of all men, the
advantage of having judges taken from this decuria of our body, whose
influence it was desirable for me should be rendered
as extensive an possible, while he was substituting others for them
without any reason, and placing on the bench those whom Verres had
approved.
[The rest of this oration is lost.]
SECOND BOOK
[CONCERNING MANNER OF JUDGING CASES WHILE IN SICILY]